Canara Bank v. Gottipati Suneetha
Case brief
What is this about?
The Tribunal held that a counter affidavit filed by the respondent without an application for condonation of delay could not be taken on record despite the previous direction to file it within three weeks.
What did the court decide?
Notice to file an application for condonation of delay in the counter affidavit.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 225 of 2019) (Arising out of S.A. 19 of 2018 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
07.6.2022 Canara Bank … Appellant -VsGottipati Suneetha & 2 Others … Respondents
Ms. Sanjana Nandi, Learned Counsel for Appellant
Ms. Swarnali Dutta, Learned Counsel for Respondent-1
None for Prororma Respondents No. 2 and 3
THE APPELLATE TRIBUNAL :
As per order dated 1st April, 2022, Respondent No. 1 was directed to file counter affidavit within a period of three weeks with advance copy to the Respondents.
Respondent No. 1 submitted counter affidavit today, which is against the direction given in the order dated 1st April, 2022, without any application for condonation of delay. In spite of query to the Learned Counsel, no application is moved for condonation of delay in filing the counter affidavit. Hence, the counter affidavit, filed today without any application for condonation of delay, cannot be taken on record.
Issues for consideration
1 issue framed by the court
Whether to accept a counter affidavit filed without an application for condonation of delay.
Parties & counsel
- appellant
Canara Bank
- respondent
Gottipati Suneetha
- respondent
2 Others
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090002252019
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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