Anupam Bhartiya v. Tata Capital Housing and 7 Ors.

Appeal Dy. No. 786/2022 Date: 14.11.2022

Anupam Bhartiya Vs. Tata Capital Housing & Ors.

Present: Ms. Utkarshi Singh, counsel for the appellant, Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 06.09.2022 passed by the DRT, Allahabad in S.A. No. 651/2022.

The report of the Registrar dated 09.11.2022 shows that the I.A. No. 565/2022 being Urgency application and I.A. No. 566/2022 being delay condonation application are pending consideration. The said report further reveals that the appellant is a third party, who is proprietor of the firm and was dealing the business with the respondent no. 3 for supply of raw material etc. The requisite court fee has been deposited.

Learned counsel for the appellant contends that there is only a delay of one day in filing the present appeal, which is not deliberate, therefore, the same may be condoned.

In view of the submission made by the learned counsel for the appellant, the delay in filing the present appeal is condoned.

Issue notices to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

List this case on 04.01.2023 for service.