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Elica Hospitality Llp v. Rajasthan State Industrial Development And Investment Corporation Ltd. & Anr

Elica Hospitality Llp v. Rajasthan State Industrial Development And Investment Corporation Ltd. & Anr

(National Company Law Appellate Tribunal)

Interlocutory Application No.2109 /2022 Un-numbered Company Appeal (AT) (Insolvency) No.___/2022 F.No.13.05.2022/NCLAT/UR/02461 | 12-07-2022

This hearing has been held through video conferencing.

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 10.05.2022 and the Office after scrutiny of the Memo of Appeal on 13.05.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 18.05.2022. The Appellant re-filed the Memo of Appeal on 27.05.2022. It is stated in the Interlocutory Application (IA) that as the Appellant resides in Surat, Gujarat, it took some time to re-file certain documents and affidavits that needed to be re-filed for curing the defects. Hence, there is delay of 07 days’ in refiling 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 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.

Advocate List
  • Jaitegan Singh Khurana

Bench
  • Peeush Pandey
Eq Citations
  • LQ
  • LQ/NCLAT/2022/938
Head Note

Supreme Court Rules, 2013 — R 11(1) — Time for filing appeal — Extension granted — Delay in refiling Memo of Appeal for curing defects — Condoned — Supreme Court Rules, 2013, R 11(1) — Civil Procedure Code, 1908, Or. 43 Rr. 1 & 2