The Tribunal allowed condonation of delay due to the pandemic to implead legal heirs of the deceased appellant as additional appellants in an appeal against asset recovery.
Condonation of 148 days delay; legal heirs impleaded as additional appellants; amendment to Appeal Memo directed within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 160/2022 (CoD)
And I.A. No. 274/2022 (Amendment) In Appeal No. 54/2018
Between
Shri. Balkrishna Mohiniraj Bhagat … Appellant/s V/s.
Punjab National Bank & Ors.
…Respondent/s
Mr. Rajesh Nagori, i/b Ms. Sanjana Ghogare, Advocate for Appellant. Mr Mohammed Varawalal, i/b M/s. Intra Legal, Advocate for Respondent No.1.
Ms Madhuri Vaidya, Advocate for the Respondent No. 4.
-: Order dated: 11/07/2022:-
I.A. No. 160/2022 is an application for condonation of delay in filing the application for bringing on record the legal heirs of deceased Appellant. There is a delay of 148 days in filing the application for implementation. The Ld. Counsel appearing for the Appellant attributes the delay to the pandemic. The limitation would have expired between 15.03.2020 to 28.02.2022 and therefore, the decision of the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No. 03 of 2020 would squarely apply to this case. Hence, the delay is condoned and the legal heirs of the Appellant are impleaded as additional Appellant.
1
Appellant is directed to carry out the amendment to Appeal Memo within two weeks and hand over the copy of the amended Appeal to the Respondents.
There is a change of vakalatnama for Respondent No. 4 and the Ld. Counsel appearing for the Respondent who seeks time to file a reply to the contempt application
Post on 18.08.2022 before Registrar for carrying out amendment.
Sd/Chairperson
mks-20
2
1 issue framed by the court
Whether to condone the delay of 148 days in filing the application to bring legal heirs of the deceased appellant on record.
Colour shows how this judgement treated each authority
Suo Moto Writ Petition (Civil) No. 03 of 2020Applied¶10
Shri. Balkrishna Mohiniraj Bhagat
Punjab National Bank & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
