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The Appellate Tribunal Rules 2016 empower the Registrar to...
Tribunal rules allow registrar to grant time to cure defects. Appeal refiling date after curing defects can't be treated as fresh filing date for limitation.
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Insolvency and BankruptcyAugust 5, 2024Case LawsAT
The Appellate Tribunal Rules 2016 empower the Registrar to decline registration of an appeal when defects are not cured, and to grant time for curing defects. If defects are cured and the appeal is registered, the date of refiling after curing defects cannot be treated as the fresh filing date for computing limitation. In this case, the appeal was e-filed within 30 days from the impugned order, so it cannot be barred by time limitation. Non-compliance with the rule requiring a certified copy of the order does not warrant rejection, as the court has power to extend time or waive compliance. The delay of 86 days in refiling the appeal after curing defects was condoned, and this order does not warrant interference. The appeal is dismissed.
The Appellate Tribunal Rules 2016 empower the Registrar to decline registration of an appeal when defects are not cured, and to grant time for curing defects. If defects are cured and the appeal is registered, the date of refiling after curing defects cannot be treated as the fresh filing date for computing limitation. In this case, the appeal was e-filed within 30 days from the impugned order, so it cannot be barred by time limitation. Non-compliance with the rule requiring a certified copy of the order does not warrant rejection, as the court has power to extend time or waive compliance. The delay of 86 days in refiling the appeal after curing defects was condoned, and this order does not warrant interference. The appeal is dismissed.
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