Tribunals and CommissionsSingle Bench(2022) 12 NCLAT CK 0013

Shubhkamna City Welfare Association Through its Authorized Representative & Anr vs M/s Subhkamna Buildtech Pvt. Ltd. Through Resolution Professional & Anr

National Company Law Appellate Tribunal · Decided on 5 December 2022

HON’BLE JUDGES
Peeush Pandey, Registrar
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application No.4606 Of 2022

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Judgment

6 paragraphs · 216 words
1.

This is an application to extend the time granted for curing the defects.

2.

The facts of the case are that the Appellants filed the Memo of Appeal on 01.11.2022 and the Office after scrutiny of the Memo of Appeal on 11.11.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 29.11.2022. The Appellants re-filed the Memo of Appeal on 29.11.2022. It is stated in the Interlocutory Application (IA) that it was very difficult to re-file the Appeal within 7 days due to various objections marked by the Registry including translated and deem annexures. The delay of 11 days in re-filing caused due to the aforesaid reasons, which were beyond the control of the Counsel for the Appellant, so the same may be condoned.

3.

Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.

4.

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.

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.