Minions Ventures Pvt Ltd v. TDT Copper Limited

THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Interlocutory Application No. 1497/2022

Un-numbered Company Appeal (AT) (Insolvency) No.___/2022 (F.No.22.04.2022/NCLAT/UR/01924

In the matter of:

Minions Ventures Pvt. Ltd. …. Appellant Versus

Appearance: Dr. Farrukh Khan, Advocate for the Appellant.

19.05.2022

This hearing has been held through video conferencing.

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 18.04.2022 and the Office after scrutiny of the Memo of Appeal on

22.04.2022, intimated the defects to the Appellant on the same day and

returned the Memo of Appeal to the Appellant on 26.04.2022. The

Appellant re-filed the Memo of Appeal on 13.05.2022. It is stated in the

Interlocutory Application (IA) that it took a great amount of time in

rectifying the defects as the defects were large in number. Hence, the

Appellant could not refile the Appeal within the stipulated time. The delay

of 14 days in refiling the Memo of Appeal was neither intentional nor

deliberate, 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