National Company Law Appellate Tribunal
Bajaj Rubber Company Private Limited vs Saraswati Timber Private Limited on 20 October, 2022
THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.3932/2022
Un-numbered Company Appeal (AT) (Insolvency) No.___/2022
F.No.16.09.2022/NCLAT/UR/05934
In the matter of:
Bajaj Rubber Company Pvt. Ltd. .... Appellant
Versus
Saraswati Timber Pvt. Ltd. .... Respondent
Appearance: Shailender Kumar, Advocate for the Appellant.
20.10.2022 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 12.09.2022 and the Office after scrutiny of the Memo of Appeal on 16.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 17.09.2022. The Appellant re-filed the Memo of Appeal on 26.09.2022. It is stated in the Interlocutory Application (IA) that while physical filing the Registry raised objection regarding cover page on the paper book and paper position in landscaping and curing the same took some time. Hence, there is delay of 4 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