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Judgment
This is an application to extend the time granted for curing the defects.
The facts of the case are that the Appellant filed the Memo of Appeal on 16.09.2022 and the Office after scrutiny of the Memo of Appeal on 22.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 23.09.2022. The Appellant re-filed the Memo of Appeal on 17.10.2022. It is stated in the Interlocutory Application (IA) that the Applicant/ Appellant as well as his Advocate on record are based out of Kolkata. The delay was attributable to Coordination in arranging for the relevant documents in Kolkata and placing the same before the Appellate Tribunal. Hence, there is delay of 18 days in re-filing the Memo of Appeal, so the same may be condoned.
Heard learned Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report.
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.
As prayed, list the case before the Hon’ble Bench under the heading ‘for admission (fresh case)’.
With the aforesaid order, this IA stands disposed of.