National Company Law Appellate Tribunal
Hiren Meghji Bharani vs Shankheshwar Properties Pvt. Ltd. &Anr on 12 April, 2023
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.1445/2023
Un-numbered Company Appeal (AT) (Insolvency) No.___/2023
F.No.16.03.2023/NCLAT/UR/01481
In the matter of:
Hiren Meghji Bharani .... Appellant
Vs.
Shankheshwar Properties Pvt. Ltd.
Through its Resolution Professional & Anr. .... Respondents
Appearance: Kaushal, Advocate for the Appellant.
12th April, 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 03.03.2023 and the Office after scrutiny of the Memo of Appeal on 16.03.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 22.03.2023. The Appellant re-filed the Memo of Appeal on 03.04.2023. It is stated in the Interlocutory Application (IA) that on account of great logistical difficulties faced by Appellant, who is based in Mumbai, Maharashtra, it took some time in sharing the requisite affidavit and other documents. Hence, there is delay of 11 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