The Tribunal permitted the appellant to condone a 32-day delay in filing an appeal. The respondent's opposition on merits was noted, but the stated reasons were not controverted. The delay is condoned, and the appeal is to be filed if no other defects exist.
Delay of 32 days condoned; appeal directed to be taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 250/2022 (CoD) In Appeal on Diary No. 520/2021
Between
The Nasik Merchants Co-operative Bank Ltd. … Appellant/s V/s. M/s. Raka Agro Agencies …Respondent/s
Ms Aarti P Bhide, Advocate for Appellant.
-: Order dated: 20/12/2022:-
The Appellant is an appeal challenging the order dated 23.08.2021 in T.S.A. No. 396/2016 on the files of D.R.T.-III, Mumbai.
The Appeal was filed with a delay of 32 days and the Appellant seeks to condone that delay. The reason for the delay is explained in paragraph 14 of the application.
The Respondent has vehemently opposed this application for condonation of delay and filed a reply. The objections are mainly on the merits of the case.
The reason for the delay stated in paragraph 14 has not been specifically controverted. I am, therefore, of the opinion that the delay of 32 days needs to be condoned.
Hence the application is allowed and the delay of 32 days is condoned. The Registry directed to take the appeal on file if there are no other defects to be cured.
Post on 09.01.2023 for hearing before the Registrar.
Chairperson
psa-12
1
3 issues framed by the court
Whether the appeal, filed with a delay of 32 days, should be allowed despite the respondent's objections.
Whether the stated reasons for the delay are sufficient to condone the time barred filing.
Whether the appeal should be taken on file after condonation of delay.
The Nasik Merchants Co-operative Bank Ltd.
M/s. Raka Agro Agencies
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
