National Company Law Appellate Tribunal
Indiabulls Real Estate Limited Ors vs Department Of Income Tax on 18 July, 2023
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.3050/2023 in
Un-numbered Company Appeal (AT) No.___/2023
(F.No.09.06.2023/NCLAT/UR/04387)
In the matter of:
Indiabulls Real Estate Ltd. & Ors. .... Appellants
Vs.
Department of Income Tax .... Respondent
Appearance: Monis Faridi, Advocate for the Appellants.
18th July, 2023 This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellants e-filed the Memo of Appeal on 30.05.2023 and the Office after scrutiny of the Memo of Appeal on 09.06.2023, intimated the defects to the Appellants on the same day. The Appellants re-filed the Memo of Appeal on 07.07.2023. It is stated in the Interlocutory Application (IA) that though the Appellants refiled the appeal on 15.06.2023, but the same defects were communicated and the Appellant assumed it was a bug in the system. After reopening when the clerk of the counsel visited the Registry, it was made aware that certain objections/ defects were still required to be cured. Hence, there is delay of 35 days in re-filing the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 21 days.
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 re- filing 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.
(Peeush Pandey) Registrar