The DRAT allowed the condonation of a 3-day delay in filing an appeal. It granted interim stay only regarding the direction to pay Rs.1,00,000/-, leaving other directions in the impugned order operative.
Interim stay granted on the direction to pay Rs.1,00,000/-; stay refused on other directions.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 216/2022 (CoD)
In Appeal on Diary No. 379/2022
Between
Bank of Baroda … Appellant/s V/s.
M/s. Shree Ginger Enterprises Ltd. & Anr. …Respondent/s
Mr. B. S. Nagar, along with Mr. C. S. Dovson, i/b M/s. Global Law Office, Advocate for Appellant.
Ms. Harsha Sharma along with Ms. Hemakshi Gandhi, Advocate for Respondent No.1.
-: Order dated : 16/06/2022 :-
Heard arguments of the learned counsel for the Appellant and the learned counsel for Respondent No.1 on the application for condonation of delay in filing present Appeal.
The application is for condoning delay of 3 days in filing Appeal. After going through the application for condonation of delay and the accompanying Affidavit, I am convinced that the delay of 3 days has been reasonably explained and, therefore, the delay is condoned.
The Appeal shall be taken on file together with application for stay which is filed, if there are no defects to be cured.
The first Respondent is at liberty to file reply to the application for stay as well as to the Appeal Memo as and when they are taken up for hearing.
There shall be interim stay with regard to the direction given in the impugned order to the Authorized Officer of the Respondent No.1 Bank (Appellant herein) to pay an amount of Rs.1,00,000/- to the Applicant (Respondent No.1 herein) within a period of one week. No stay is granted with regard to other directions in the impugned order.
Post on 30.06.2022 before Registrar for compliance.
Sd/Chairperson
dpj-40
2 issues framed by the court
Whether the delay of 3 days in filing the appeal should be condoned.
Whether the impugned order directing payment of Rs.1,00,000/- should be stayed.
Bank of Baroda
M/s. Shree Ginger Enterprises Ltd.
Anr.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
