National Company Law Appellate Tribunal
Axis Trustee Services Limited vs Daiichi Sankyo Company Limited on 30 January, 2024
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.599 of 2024
Un-numbered Company Appeal (AT) (Insolvency) No.___/2024
(F.No.04.01.2024/NCLAT/UR/10634)
In the matter of:
Axis Trustee Services Ltd. .... Appellant
Vs.
Daiichi Sankyo Company Ltd. & Ors. .... Respondents
Appearance: Angad Varma, Toyesh Tewari, Agastya Sen, Advocates for the Appellant.
30th January, 2024 (Virtual Mode) This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellant e-filed the Memo of Appeal on 22.12.2023. The Office after scrutiny of the Memo of Appeal on 04.01.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 19.01.2024. It is stated in the Interlocutory Application (IA) that though the Appeal was refiling, but the Registry marked certain fresh and different objections, curing which took some time. Hence, there is delay of 07 days in refiling the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 08 days.
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 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