Application seeking condonation of 21-day delay in filing appeal was allowed. Court found delay explained in affidavit and respondents did not assertively dispute reasons.
Delay of 21 days in filing appeal is condoned; application allowed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 302/2022 In A.IR:109/2022
Elogic Technologies Pvt Ltd V/S A.O.,Fullerton India Credit Co Ltd
12/10/2022
This application is filed seeking condonation of delay of 21 days in preferring the appeal. Advocate for appellants submitted that appellants filed Writ Petition before Hon’ble Court of Karnataka and after disposal of WP filed the present appeal through E-filing and office raised objection for production of certified copy of order of Hon’ble High Court and there was delay in obtaining the said certified copy and there are no latches on the part of appellants in not filing the appeal in time. It is further submitted that in the counter of R1 & R2 only about merits of appeal are referred and no specific objection is taken for delay.
Heard both sides.
It is seen that delay in filing appeal is 21 days, which is properly explained in the affidavit filed in support of the petition. Respondents 1 & 2 except saying there is no justifiable reason, have not disputed the reasons assertively.
Therefore, considering the affidavit of the appellants, delay of 21 days is condoned and application is allowed.
Office to register waiver application.
Sd/Chairperson
2 issues framed by the court
Whether condonation of delay of 21 days in filing the appeal can be petitioner.
Whether objection raised by counters is sufficient to defeat condonation application.
Elogic Technologies Pvt Ltd
A.O., Fullerton India Credit Co Ltd
Chairperson
As recorded by the court registry
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