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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 Appellant filed the Memo of Appeal on 12.10.2022 and the Office after scrutiny of the Memo of Appeal on 20.10.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 21.10.2022. The Appellant re-filed the Memo of Appeal on 04.11.2022. It is stated in the Interlocutory Application (IA) that due to immediately ensuing holidays in the last week of October 2022 on the occasion of Diwali, the hard copy for re-filing of the Appeal could be done only on 28.10.2022 and thereafter few more defects were pointed out by the Registry, which took some 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 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 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.