2022 (12) TMI 316

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.... A. No. 4297 of 2022 : This is an application praying for condonation of 7 days delay in filing the physical copy of the Appeal. The grounds shown in Para 8 of the affidavit is sufficient to condone the delay. Delay in filing the appeal is condoned. I.A. No. 4297 of 2022 stands disposed of. 2. I.A. No. 4296 of 2022: This is an application praying for condonation of delay of 11 days in refiling the Appeal. It is stated in the application that the Applicant/Appellant is based in Kolkata and due to medical issued he was out of town and time was taken to remove the defects. Cause shown sufficient, delay in refiling the Appeal is condoned. I.A. No. 4296 of 2022 stands disposed of. 3. Heard learned counsel for the Appellant. This Appeal has be....

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....affidavit) e-mail dated 14th March 2018; (Pg 29 of reply affidavit) e-mail dated 26th April 2018 and (Pg 33 of reply affidavit) e-mail dated 25th May 2018. (iii) Third, was with respect to the 'Defective Materials' - (Pg 18 of reply affidavit), e-mail dated 13th March, 2018; and (Pg 27 of reply affidavit), e-mail dated 6th April 2018. 13. In light of the above noted facts and circumstances, we are of the view that the defence is not spurious or plainly frivolous or vexatious. The dispute very much existed between the parties way before the demand notice was sent by the Operational Creditor i.e. 13 July, 2019. Hence, the Petition being C.P. (IB) No. 1289/KB/2019 is dismissed." 4. Learned counsel for the Appellant challenging the orde....