National Company Law Appellate Tribunal
Himanshua Dua vs Gaurav Katiyar Interim Resolution ... on 9 November, 2023
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.5233/2023 in
Interlocutory Application No.______/2023 in
(F.No.13.10.2023/NCLAT/UR/08296)
Company Appeal (AT) (Insolvency) No.1192 of 2023
In the matter of:
Harpreet Singh Batra
Suspended Director of Imperia Structures Ltd. .... Appellant
Vs.
Gaurav Katiyar
Interim Resolution Professional of
Imperia Structures Ltd. & Ors. .... Respondents
Appearance: Sagar Aggarwal and Vaibhav Tyagi, Advocates for the Applicant.
9th November, 2023 This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Applicant e-filed the Interlocutory Application (IA) on 09.10.2023. The Office after scrutiny of the IA on 13.10.2023, intimated the defects to the Applicant on the same day. The Applicant re-filed the IA on 03.11.2023. It is stated in the Interlocutory Application (IA) that communication regarding the defect from the Registry was inadvertently went in email's spam folder and the same came to knowledge at a later juncture. Since the defect sheet identified numerous discrepancies, it took some time to cure the defects. Hence, there is delay of 15 days in refiling the IA, so the same may be condoned. However, as per the Report of the Registry, the delay is of 14 days.
3. Heard learned Counsel appearing for the Applicant and perused the averments made in the IA as well as Office report.
4. Considering the submissions made on behalf of the Applicant and for the reasons mentioned in the IA, which are sufficient, the delay in re- filing the IA is hereby condoned.
5. With the aforesaid order, this IA stands disposed of.
(Peeush Pandey) Registrar