United Bank Of India (Now Punjab ... vs Concast Morena Road Projects Private ...

United Bank of India .... Appellant

Vs.

Concast Morena Road Projects Pvt. Ltd. .... Respondent

Appearance: Anani Achumi, Advocate for the Appellant.

22nd May, 2023

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 25.04.2023 and the Office after scrutiny of the Memo of Appeal on 28.04.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 01.05.2023. The Appellant re-filed the Memo of Appeal on 11.05.2023. It is stated in the Interlocutory Application (IA) that the Advocate of the Appellant Bank forwarded the documents to the Appellant for verification of facts and approval and the Appellant after verified sent back the same to the Advocate. However, as the concerned office of the Appellant Bank is in Kolkata there were inadvertent delays in process of communication and transmission of documents. Hence, there is delay of 06 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