The Debits Recovery Appellate Tribunal, Mumbai, allowed an application for condonation of delay in filing an appeal. The court cited Supreme Court directions to condone the 121-day gap and directed posting of the appeal on files for further compliance.
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.167/2022 (CoD) In Appeal on Diary No.506/2021
Between
Bank of Baroda … Appellant/s V/s. Ms. Miraj Recyclers Pvt. Ltd. & Anr. …Respondent/s
Mr A.R. Bamne, i/b M/s. A.R. Bamne & Co., Advocate for Appellant.
-: Order dated: 26/08/2022:-
I.A. No. 167/2022 is an application for condonation of delay in filing the Appeal. The impugned order is dated 13.05.2021 and the Appeal is filed on 12.10.2021. There is a delay of 121 days.
The Ld. Counsel appearing for the Appellant Bank submits that the delay is to be condoned in view of the directions of the Hon’ble Supreme Court of India in Suo Moto Writ Petition No. 03/2020 since the period of delay would be squarely covered by the said decision.
On going through the affidavit and the averment made, I am convinced that the delay needs to be condoned. There is also no reply filed by the Respondents. Hence the application is allowed and delay is condoned.
The Appeal shall be taken on files if there are no other defects to be cured.
Post on 28.09.2022 before the Registrar for compliance.
Sd/Chairperson
mks-5
1
1 issue framed by the court
Whether the delay in filing the appeal against the DTDT order should be condoned in light of Supreme Court directions.
Colour shows how this judgement treated each authority
Suo Moto Writ Petition No. 03/2020Referred¶8
Bank of Baroda
Ms. Miraj Recyclers Pvt. Ltd.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
