TaxTMI 
TaxTMI 
2023 (8) TMI 1432
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.... on the same day and returned the memo of appeal on 07.02.2022. At the first instance, as many as 10(ten) defects were pointed out by the Registry and intimated to Rajesh Kumar Bharti. The defect sheets prepared by the Registry on 01.02.2022 is reproduced as under: 3. Thereafter, according to the Appellant the Appeal was re-filed on 24.05.2022. On the same day, the Registry scrutinized the memorandum of appeal and again found the same defects which were earlier found. The defect sheets dated 24.05.2022 is reproduced as under: 4. Thereafter, the Appeal was re-filed on 13.06.2022 but again without curing the defects because all the aforesaid 10 defects were again noticed in the scrutiny dated 13.06.2022 and the Appeal memo was returned to the Appellant. The defect sheet dated 13.06.2022 has also reproduced below: 5. Ultimately, the memo of appeal was re-filed on 19.09.2022. As per Rule 26 of the NCLAT Rules, 2016 (for short 'The Rules'), the defect is scrutinized in the office and the matter is placed before the Registrar to pass an appropriate order. Rule 26 of the Rules is reproduced as under: "26. Endorsement and scrutiny of petition or appeal or document....
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....cation (IA) that delay caused due to unforeseeable circumstances as one of the counsels of the Appellant had to go in judicial custody and then for removing various defects pointed out by the Registry. Hence, there is delay of 224 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. The Appellant was required to re-file the Memo of Appeal within seven days from the date of intimation of the defects. However, the Appellant re-filed the Memo of Appeal with a delay of 233 days, hence, the case may be placed before the Hon'ble Bench for appropriate orders. 5. List the case before the Hon'ble Bench under the heading 'for admission with defect (fresh case).". 8. The Registrar found that there was 223 days' delay in re-filing the appeal and that it would be expedient to list the memorandum of appeal before the bench for an appropriate order as to whether, in the given facts and circumstances of the case, the delay in re-filing can be condoned or not? 9. Apropos, the Appeal was listed before the court. The ....
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....three months' in re-filing as it has been done on 24.05.2022. It is further submitted that the appeal memo was returned on the same day i.e on 24.05.2022 to the Appellant which was re-filed on 13.06.2022 again almost taking a period of one month. Still on 13.06.2022 when it was returned, it was re-filed on 19.09.2022 after about three months. It is thus submitted that the appellant has been totally remiss in his act and conduct in re-filing the appeal and has taken the proceedings of the court for granted. It is also argued that the reason assigned by the Appellant before this Court as well as in the application filed for condonation of delay is concocted because there were as many as three counsels who had been appearing in this case and if one of the counsel, namely, Rohit Arora was arrested on 27.05.2022 and released on 02.06.2022 the application could have been re-filed by the other Advocates. 13. We have heard counsel for the parties and perused the record with their able assistance. 14. The issue involved in this application travels in a narrow compass as to whether the application for condonation of delay in refiling of the appeal has to be allowed only after assig....
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....ling of the appeal. Consequently, the application bearing IA no. 3685 of 2022 is hereby dismissed. Competition Appeal (AT) No. 46 of 2022 19. Since the application for condonation of delay in re-filing has been dismissed by us by an order of even date, therefore, the present appeal is not duly constituted and the same is hereby dismissed as well. ============= Document 1 Annexure-1 (cally) Defects Sheet F.No 01.02.2022/NCLAT/UR/06416 National Company Law Appellate Tribunal New Delhi Competition Appeal(AT) No.. of 2021 e-filing number: 9910110/06416/2021 People's All India Anti-Corruption and Crime Prevention Society Usha International Ltd. The noticed defects are as under:- And 11 ....Appellant/Petitioner ....Respondent 1. In e-filing portal NCLAT case title is defective write, \'Ors.\'. 2. Cause title is defective in whole appeal paper book write. '2022' instead of '2021'.. 3. Separate index not filed... 4. Memo of parties not signed.. 5. Fill in the blank at page no.-51, 53.. 6. Pagination not done after page no.- 49,333.. 7. Please provide the undertaking Court fee stamp and welfare stamp on vakalatnama....