Refiling after curing of defect not amount to fresh filing

V R Ashok Rao Vs TDT Copper Limited (NCLAT Delhi)

Held that in view of contradictory judgements issue of delay in refiling needs to be reconsidered for an authoritative pronouncement on the issue

Facts-

The questions which have come up for consideration are;

(i) as to whether the refiling delay of 43 days in refiling the Appeal can be condoned and further the Appeal is to be treated as a fresh Appeal on 08th June, 2022 on the date when it was re-presented.

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