# In the matter of Tirupati Conductors Pvt. Ltd. vs. SR Associates Infrastructure Pvt. Ltd. Interlocutory Application No.400-2023

> NCLAT judgment dated 2023-02-01. Citation: TCN-2023-NCLAT-00751. The case involves an application to extend the time granted for curing defects in the Memo of…

- **Court:** NCLAT
- **Order date:** 1 Feb 2023
- **Citation:** TCN-2023-NCLAT-00751
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tirupati-conductors-pvt-ltd-vs-sr-associates-infrastructure-pvt-ltd-interlocutor-a29865fb

## Summary

### Background

The case involves an application to extend the time granted for curing defects in the Memo of Appeal filed by the Appellant, Tirupati Conductors Pvt. Ltd. The Appellant initially filed the Memo of Appeal on 2022-12-08, but the office identified defects and communicated them to the Appellant on 2022-12-09. The Memo of Appeal was returned to the Appellant on 2022-12-12. The Appellant re-filed the Memo of Appeal on 2023-01-20, with a delay of 35 days.

## Facts

Tirupati Conductors Pvt. Ltd. (Appellant) filed a Memo of Appeal on 2022-12-08. The office identified defects and notified the Appellant on 2022-12-09, returning the Memo of Appeal on 2022-12-12. The Appellant re-filed the Memo of Appeal on 2023-01-20, incurring a delay of 35 days. The Appellant attributed the delay to the need for an affidavit concerning dim/illegible pages, the Appellant Company's location in Kolkata, the conducting counsel's winter break travel, and the closure of the counsel's office. The Interlocutory Application (IA) seeks condonation of this delay. The delay is relevant because the Appellant was required to re-file the Memo of Appeal within seven days of being notified of the defects.

## Issues and analysis

### Issue 1: Whether the delay of 35 days in re-filing the Memo of Appeal should be condoned, considering the …

**Ratio:** The ratio is based on the principles of condonation of delay, which generally require

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**Reasoning:** The court considered the Appellant's reasons for the delay, including the need for an

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**Interpretation:** The interpretation involves understanding the legal standards for condonation

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**Application:** The court will apply the principles of condonation of delay to the specific

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## Parties

- **Judges:** Peeush P…
- **Appellants:** Tirupati Conductor…
- **Respondents:** SR Associates…

## Timeline

- **2022-12-08 — Filing of Memo…**: The Appellant, Tirupati Conductors…
- **2022-12-09 — Intimation of…**: The office notified the Appellant…

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