The court condoned a 369-day delay in filing a chamber appeal, attributing it to the pandemic lockdown. A cost of Rs. 5000 was imposed on the appellant, and the matter was remanded to the Registrar for curing registry defects.
Chamber Appeal allowed on payment of Rs. 5000 cost; defects to be cured within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 21/2021(CoD) In Appeal on Diary No. 56/2021
Between
Shri Nivrutti Namdev Wagh … Appellant/s V/s. Ravindra Sakharam Nagre & Ors. …Respondent/s
Ms. Sonali Jain, Advocate for the Appellant.
-: Order dated: 29/07/2022:-
1
is a delay of 369 days it needs to be compensated by way of cost, as even the earlier Appeal at lodging was filed in 2019 no steps were taken and therefore, the Appellant has not been vigilantly prosecuting the matter. The Chamber Appeal is, therefore, allowed on payment of the cost of �5000/- to the D.R.T. Bar Association for purchase of books, within a period of one week and payment of cost in time, the matter shall be placed before Registrar and all necessary defects may be cured within two weeks.
Post on 05.09.2022 before Registrar for compliance.
Sd/Chairperson
mks-8
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1 issue framed by the court
Whether the delay of 369 days in filing the chamber appeal was reasonably explained and should be condoned.
Nivrutti Namdev Wagh
Ravindra Sakharam Nagre & Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
