Pearl Crest Apartment Buyers Association vs Shri. K. Parameswaran Nair, Liquidator of Samson and Sons Builders and Developers Pvt. Ltd. & Ors.

Heard Mr. Abhilash Nediyalil Abraham, the Learned PCS appearing for the ‘Petitioner’ / ‘Appellant’ in IA No.1083/2023 (Delay in Refiling) of the instant Appeal Papers before the ‘Office of the Registry’.According to the ‘Petitioner’ / ‘Appellant’, there had occurred a delay of 71 days in rectifying Appeal Papers in carrying out the rectification and to file the Papers / Appeal Paper Book(s), before the ‘Office of the Registry’.

The main reason ascribed on behalf of the ‘Petitioner’ / ‘Appellant’ is that the Appellant had not noticed the email sent by the ‘Office of the Registry’, of this ‘Tribunal’ on 20.06.2023 and only by oversight the Appellant came to be known and a delay of 71 days in refiling of ‘Material Papers’ occurred, which is neither wilful nor wanton, but due to the aforesaid reasons.

This ‘Tribunal’ on being subjectively satisfied as to the reasons ascribed on behalf of the ‘Petitioner’ / ‘Appellant’ in regard to the refiling, the delay of 71 days in representing ‘Material Appeal Paper(s)’, before the ‘Office of the Registry’, by taking a lenient and liberal approach to condone the delay of 71 days and ‘allows’ the IA No.1083/2023 (Delay in Refiling). No Costs.

After hearing the arguments of Mr. Abhilash Nediyalil Abraham, the Learned PCS appearing for the ‘Appellant’, for quite some time, the Learned PCS for the ‘Appellant’, fairly submits that he may be permitted by this ‘Tribunal’, to withdraw the instant Comp App (AT) (CH) (Ins) No.356/2023. Acceding to the said request, the instant Comp App (AT) (CH) (Ins) No.356/2023 is ‘dismissed as withdrawn’. No costs.