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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 Appellants filed the Memo of Appeal on 14.10.2022 and the Office after scrutiny of the Memo of Appeal on 21.10.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 02.11.2022. The Appellants re-filed the Memo of Appeal on 05.11.2022. It is stated in the Interlocutory Application (IA) that the Hon’ble Tribunal was closed for Diwali vacations and Counsel for the Appellants was also out of town due to Diwali vacations, hence, could not collect the files and rectify the defect within stipulated time. Hence, there is delay of 08 days in re-filing the Memo of Appeal, so the same may be condoned.
Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.
Considering the submissions made on behalf of the Appellants and for the reasons mentioned in the IA, which are sufficient, the delay in refiling 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.