The DrAT Chairman appraised a 132-day delay in filing the appeal under the recovery proceedings, held it covered by a Supreme Court decision, and condoned the delay, directing registry admission.
Delay of 132 days condoned; appeal taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No.162/2022 (CoD)
In Appeal on Diary No. 327/2022
Between
Mr. Manikchand Dewasi, Proprietor of … Appellant/s M/s. Shree Ganesh Eelectricals & Plywood V/s. Canara Bank & Anr. …Respondent/s
Mr. Rajesh Nagori along with Mr. Tushar Dahibhawkar and Ms. Aarti Suvarna, i/b M/s. Dahibawkar & Co., Advocate for Appellants.
Mr. Anish Sharma a/w Ms. Mittal Parekh, i/b M/s. M. V. Kini & Co., Advocate for Respondent No. 1.
-: Order dated : 13/06/2022 :-
There is delay of 132 days delay in filing the Appeal. The period of delay is squarely covered by decision of Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3/2020. Hence, the delay stands condoned.
The Appeal shall be taken on file by the Registry in case there are no other defects to be cured.
Post on 14.06.2022 for hearing on I.A. No. 163/2022 i.e. waiver of deposit.
Sd/Chairperson
mks-3
1
2 issues framed by the court
Whether the delay of 132 days in filing the appeal can be condoned.
Whether the appeal should be admitted on file despite the delay.
Colour shows how this judgement treated each authority
Mr. Manikchand Dewasi, Proprietor of M/s. Shree Ganesh Electricals & Plywood
Canara Bank
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Ashok Menon
Parties & counsel
