The Makcrunch Food Pvt. Ltd. v. M/S Ratna Priya Rest House and 3 Ors.
Case brief
What is this about?
The Tribunal recalled an order dismissing an appeal for non-deposit of cost due to pandemic-related financial crisis and bereavement. The case was restored to its original number pending further service.
What did the court decide?
Order dated 01.09.2021 is recalled; appeal restored to original number.
What the court decided
A compact analysis
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M.A. No. 41/2021 In Appeal Dy. No. 118/2019 Date: 20.10.2022
The Makcrunch Food Pvt. Ltd. Vs. M/s Ratna Priya Rest House & Ors.
Present: Shri Ashok Pandey, counsel for the appellant, Shri Himanshu Tiwari, counsel for the respondent-Bank,
Heard the learned counsel for the appellant on the application, whereby the recall of the order dated 01.09.2019 has been prayed for on the ground that the appeal was dismissed for non-deposit of cost in the account of Bharat Ke Veer Fund within the time stipulated in the order. It is contended that the appeal was filed with the delay of 105 days along with application for condonation of delay. This Tribunal was pleased to condone the delay subject to deposit of Rs. 5000/- in the said account. It is further contended that the cost of Rs. 5000/- could not be deposited in time on account of financial crisis due to pandemic Covid-19 and also bereavement in family of the applicant. As soon as the appellant came to know of the order for deposit of cost on 28.09.2021, the cost was deposited on the same day. Therefore, it is prayed that the order dated 01.09.2021 may be recalled and accept the receipt of deposit of cost in Bharat ke Veer Fund, which was deposited on 28.09.2021.
The cause shown in the restoration application is sufficient, therefore, the order dated 01.09.2021 is hereby recalled and the appeal is directed to be restored to its original number.
List this case on 11.01.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
2 issues framed by the court
Whether the appeal dismissed for non-deposit of cost may be restored due to condonation of delay and financial crisis caused by pandemic Covid-19?
Whether the recalled order dated 01.09.2021 can be recalled as the appellant deposited the cost on 28.09.2021?
Parties & counsel
- appellant
The Makcrunch Food Pvt. Ltd.
- respondent
M/s Ratna Priya Rest House & Ors.
Coram
Shri R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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