Tribunals and CommissionsSingle Bench(2022) 11 NCLAT CK 0023

Q top Fab Engineering Pvt. Ltd vs Avon Engineering & Ors.

National Company Law Appellate Tribunal · Decided on 4 November 2022

HON’BLE JUDGES
Peeush Pandey, Registrar
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application No.4091 Of 2022

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Judgment

6 paragraphs · 209 words
1.

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 16.09.2022 and the Office after scrutiny of the Memo of Appeal on 21.09.2022, intimated the defects and returned the Memo of Appeal to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 15.10.2022. It is stated in the Interlocutory Application (IA) that at the time of physical re-filing of the Appeal paper book it was informed by the Registry that Appeal was required to be re-filled electronically prior to physical submission, which took some time. Hence, there is delay of 17 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.