9911796707
TMI Blog2024 (9) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... intimated soon thereafter by the Registry on 11.12.2023. On perusal of the defect list pointed out by the Registry, most of the defects are minor in nature like lack of pagination, need of rescanning of certain pages of the appeal, correction of index etc. The correction of such defects was by no stretch of imagination of a time-consuming nature. The defects which were indicated by the Registry clearly fell in the routine category which were easily curable. The Applicant has also not indicated any circumstance beyond his control which warranted 185 days to clear the defects. Even the attribution of court vacations as a ground for delay does not cut ice since duration of court vacations are never that long. Clearly therefore, since the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2024 by this Tribunal vide order dated 12.07.2024 which reads as under : Issue notice on the Delay Condonation Application as well as Application for re-filing delay. Learned Counsel for the Respondents appears and is allowed two weeks time to file reply to the applications. Two weeks for rejoinder. 2. List the matter on 22.08.2024. 3. For the present, we propose to deal with IA No 4327 of 2024. In their application, the Applicant has given the following explanation in Paragraphs 4 8 to 11 of the application justifying the refiling delay which is as reproduced below: 4. It is submitted that in the present matter an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, bearing no. Arb. P. 485/2023 and a Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal, the same has been e-filed after removing all objections. Since the offices are not fully staffed due to the ongoing court vacations, the preparation of the paper sets of the appeal also took some time. 11. It is submitted that the delay in re-filing is on account of the aforementioned reasons alone. Hence, the condonation of delay is re-filing is sought on account of these bonafide and inadvertent reasons. 4. Reply has also been filed by the Respondent to the Refiling Delay Application of the Applicant. The Ld. Sr. Counsel for the Respondent opposing the submissions of the Applicant has made the following pleadings in paragraphs 6 to 8 of their Reply as under : 6. The argument of the Appellant that proceedings were pending before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeking directions against the approval of the resolution plan of the Corporate Debtor as approved by the Committee of Creditors ( CoC in short). Subsequent to the approval of the resolution plan by the Adjudicating Authority on 11.08.2023, I.A. No. 1149 of 2023 was dismissed on 18.10.2023 as infructuous. The Applicant thereafter filed the present appeal before this Tribunal on 02.12.2023. The appeal was e-filed before the Registry of this Tribunal. After due scrutiny, defects were intimated by the Registry on 11.12.2023. The Applicant refiled the Memo of Appeal thereafter on 20.06.2024 after taking nearly six months to cure the defects. 7. When we look at the explanation proffered by the Applicant behind delay in refiling, we find that it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1149 of 2023 on 18.10.2023 that the Applicant filed the instant appeal but let it lie in defects for an inordinately long time for no justifiable reasons. 9. In support of their contention that condonation of delay needs to be substantiated with cogent grounds and buttressed by adequate and sufficient reasons, the Ld. Sr. Counsel for the Respondent adverted reference to the judgment of this Tribunal in Adisri Commercial Pvt. Ltd. V/s Reserve Bank of India Anr. in C.A.(AT)(Ins) No. 1293 1294 of 2022 wherein it has been held as follows: 18. Any question of delay condonation must go through deep and sufficient scrutiny in the context of the Code. The circumstances cited for condonation of delay in re-filing has to be in consonance with the aim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y clearly fell in the routine category which were easily curable. The Applicant has also not indicated any circumstance beyond his control which warranted 185 days to clear the defects. Even the attribution of court vacations as a ground for delay does not cut ice since duration of court vacations are never that long. Clearly therefore, since the time of intimation of defects, the Applicant slept over the defects for nearly six months. No earnest efforts were made by the Applicant to correct the defects. It cannot be the unilateral prerogative of the Applicant to elect when it chooses to cure the defects to get the matter listed. This shows that the applicant was casual, callous and negligent in refiling the appeal. We are of the considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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