Tp Northern Odisha Distribution ... vs Rohit Ferro Tech Limited Through ...
- CitationInterlocutory Application No.2130/2022
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a delay of nine days in re-filing a memo of appeal after the defects had been cured, holding that where the reasons given in the interlocutory application (delay in procuring a signed and notarised affidavit owing to local holidays at the appellant's place of business) are sufficient, the delay in re-filing is to be condoned and the appeal listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
TP Northern Odisha Distribution Limited (TPNODL) .... Appellant
Versus
M/s. Rohit Ferro Tech Limited Through Resolution Professional & Ors. .... Respondents
Appearance: Devyani Bhatt, Advocate for the Appellant.
13.07.2022
This hearing has been held through video conferencing.
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellant filed the Memo of Appeal on 23.05.2022 and the Office after scrutiny of the Memo of Appeal on 06.06.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 20.06.2022. The Appellant re-filed the Memo of Appeal on 21.06.2022. It is stated in the Interlocutory Application (IA) that Appellant and the authorised signatory are based in Balasore, Orissa and procurement of signed and notarized affidavit took longer time and then due to ongoing local holidays in Balasore Orissa the affidavit could not be notarized. Hence, there is delay of 09 days in re-filing the Memo of Appeal, so the same may be condoned.
3. Heard learned Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report.
4. Considering the submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are sufficient, the delay in re- filing the Memo of Appeal is hereby condoned.
5. As prayed, list the case before the Hon'ble Bench under the heading 'for admission (fresh case)'.
6. With the aforesaid order, this IA stands disposed of.
(Peeush Pandey) Registrar
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