The Debts Recovery Appellate Tribunal allowed an application for condonation of 119-day delay in filing an appeal, relying on a Supreme Court order excluding the period from 15.03.2020 to 28.02.2022.
I.A. No. 117/2022 is allowed and the delay of 119 days in filing the Appeal is condoned.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 117/2022 (CoD)
Appeal on Diary No. 255/2022
Between
International Asset Reconstruction Company … Appellant/s Pvt. Ltd.
V/s.
Best Deal Properties Pvt. Ltd. & Ors.
…Respondent/s
Mr. Rohit Gupta, i/b M/s V. Deshpande& Co., Advocate for Appellant.
-: Order dated :05/05/2022 :-
There is no representation for Respondents.
This is an application for condonation of delay in filing Appeal.
The impugned order is dated 12.11.2021 and Appeal was filed on 25.04.2022 with delay of 119 days.
The Ld. Counsel appearing for the Appellant relied on the order dated 10.01.2022 passed by the Hon’ble Supreme Court in M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020 which clearly states that period from 15.03.2020 till 28.02.2022 shall stand excluded in computing the periods prescribed under Section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which
prescribed period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
In view of above findings of the Hon’ble Supreme Court, I am of the view that delay has to be condoned. Hence I.A. No. 117/2022 is allowed and delay of 119 days in filing Appeal on Diary No. 255/2022 is condoned.
Registry is directed to take this Appeal on file, if there are no other defects.
Post on 20.05.2022 before Registrar for compliance.
Sd/Chairperson
mks-10
2 issues framed by the court
Whether the delay of 119 days in filing the appeal should be condoned based on the exclusion period order of the Hon'ble Supreme Court.
Whether the period from 15.03.2020 till 28.02.2022 shall be excluded in computing limitation periods under specific Acts.
Colour shows how this judgement treated each authority
M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020Relied on¶14
4 provisions across 3 enactments
International Asset Reconstruction Company Pvt. Ltd.
Best Deal Properties Pvt. Ltd.
Ashok Menon
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
