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National Company Law Appellate Tribunal

Mist Direct Sales Private Limited vs Nitin Batra & Ors on 6 December, 2022

        THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                 PRINCIPAL BENCH, NEW DELHI
              Interlocutory Application No.4612/2022
      Un-numbered Company Appeal (AT) (Insolvency) No.___/2022
                F.No.18.11.2022/NCLAT/UR/07340


In the matter of:

Mist Direct Sales Pvt. Ltd.                              .... Appellant

Vs.

Nitin Batra and Ors.                                     .... Respondents

Appearance: Kaustubh Prakash and Satuikissaf, Advocates for the Appellant.

06.12.2022 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 10.11.2022 and the Office after scrutiny of the Memo of Appeal on 18.11.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 21.11.2022. The Appellant re-filed the Memo of Appeal on 30.11.2022. It is stated in the Interlocutory Application (IA) that various applications, documents, annexures and orders that had to be collated, typed and legibly annexed, which took some time. Hence, there is delay of 05 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