AI Structured Summary
Not yet generated for this judgment
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 09.09.2022 and the Office after scrutiny of the Memo of Appeal on 15.09.2022, 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 12.10.2022. It is stated in the Interlocutory Application (IA) that due to some issues at the end of the applicant, the refiling of the appeal could not be done within the defect cure period of 7 days. Hence, there is delay of 20 days in re-filing the Memo of Appeal, so the same may be condoned.
Apart from that, the Registry has pointed out that defect Nos.3 and 6 have also not been cured by the Appellant. Defect No.3 is “Page nos.190,202,377…. etc. are dim/illegible” and Defect No.6 is “Only photocopy of authorization letter filed, filed its Original.”
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 regard Defect No.3 is concerned, it is seen that an endorsement has been made on the defect sheet on behalf of Appellant stating that “I undertake that I am not relying dim and illegible pages i.e. page No.190,202, 377 mentioned under Point No.3 at the defect sheet.” In respect of Defect No.6 also an endorsement has been made on the defect sheet stating that “I undertake that I will file authority letter (original copy), if the Hon’ble Bench necessary.”.
In view of the above and 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.