National Company Law Appellate Tribunal
Ebpl Ventures Private Limited vs Sarguja Rail Corridoor Pvt. Ltd on 1 November, 2022
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.4002/2022
Un-numbered Company Appeal (AT) (Insolvency) No.___/2022
F.No.30.09.2022/NCLAT/UR/06311
In the matter of:
EBPL Ventures Pvt. Ltd. .... Appellant
Vs.
Sarguja Rail Corridor Pvt. Ltd. .... Respondent
Appearance: Hardik Khatri, Advocate for the Appellant.
01.11.2022 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 26.09.2022 and the Office after scrutiny of the Memo of Appeal on 30.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 01.10.2022. The Appellant re-filed the Memo of Appeal on 11.10.2022. It is stated in the Interlocutory Application (IA) that due to the fact that the Appellant is a Company based at Chhattisgarh and also that Registry was closed for holidays on account of Dussehra, it took some time to cure the defects. Hence, there is delay of 04 days in re-filing 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 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