Canara bank v. Shri G. Vijaya and Ors.
Case brief
What is this about?
The Debt Recovery Appellate Tribunal in Kolkata allowed an application for condonation of delay in filing an appeal by 21 days, citing the Covid-19 pandemic.
What did the court decide?
Application for condonation of delay allowed; respondent served fresh notice and must file opposition within four weeks.
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. 588 of 2021)
(Arising out of S.A. 96 of 2018 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.07.2022 Canara Bank … Appellant -VsGurram Ramesh Reddy … Respondent Ms. Aparajita Ghosh with Ms. Aditi Roy, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
Matter is taken up in the revised list. Despite service, none appears to represent the Respondent.
It is reported that Respondent No. 1 has died. Details of legal heirs are placed on record. Substitution application be filed and notices be sent to the proposed LRs and Affidavit-of-service be filed before the next date of listing.
I.A. 438 of 2021
This is an application under Section 5 of the Limitation Act for condonation of 21 days delay in filing the appeal on the ground that due to Covid-19 pandemic the appeal could not be filed within the limitation period. Reliance is placed on a judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Issues for consideration
1 issue framed by the court
Whether to condone a 21-day delay in filing an appeal due to the Covid-19 pandemic under Section 5 of the Limitation Act?
Parties & counsel
- appellant
Canara Bank
- respondent
Gurram Ramesh Reddy
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090005882021
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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