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National Company Law Appellate Tribunal

Union Bank Of India vs M/S Ansal Api Infrastructure Ltd & Ors on 28 March, 2023

        THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                 PRINCIPAL BENCH, NEW DELHI
              Interlocutory Application No.1228/2023
      Un-numbered Company Appeal (AT) (Insolvency) No.___/2023
                F.No.07.03.2023/NCLAT/UR/00135

In the matter of:

Union Bank of India                                .... Appellant

Vs.

Ansal API infrastructure Ltd. & Ors.               .... Respondents
Appearance:         None for the Appellant.

                                28th March, 2023

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 02.03.2023 and the Office after scrutiny of the Memo of Appeal on 07.03.2023, intimated the defects and returned the Memo of Appeal to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 22.03.2023. It is stated in the Interlocutory Application (IA) that petitioner was under the impression that defects can be raised in e-filing. However, when the appeal was filed physically defects was raised regarding limitation, which took some time in curing. Hence, there is delay of 08 days in re-filing the Memo of Appeal, so the same may be condoned.

3. None appeared on behalf of the Appellant. Perused the averments made in the IA as well as Office report.

4. Considering 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