Allowed

Kallappanna Awade Ichalkaranji Janata Sahakari Bank Limited and Anr. v. Pratap B Salunke and Ors.

DRAT16 Sept 2022IA/397/2022

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed the application for condonation of delay in filing the appeal. Relying on a Supreme Court order, the court excluded the specific period for limitation computation and condoned the 27-day delay. The appeal was filed on record.

What did the court decide?

I.A. No. 397/2022 is allowed; delay of 27 days in filing the appeal is condoned; appeal taken on file.

Kallappanna Awade Ichalkaranji Janata Sahakari Bank Limited… — Company and Corporate | DRAT (2022)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

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I.A. No. 397/2022 (CoD)

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Appeal on Diary No. 244/2022

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Between

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The A.O., Kallappanna Awade Ichalkaranji Janata … Appellant/s Sahakari Bank Ltd. & Anr.

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V/s.

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Pratap B Salunkhe & Ors. … Respondent/s

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Mr Puneet Gogad, i/b Ms Sonali Jain, Advocate for Appellant. Ms Ayodhya Patki, Advocate for Respondent No.1 & 2

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-: Order dated: 16/09/2022:-

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I.A. No. 397/2022 is an application for condonation of delay.

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The Respondents have not filed a reply but have vehemently opposed the application. The date of the impugned order is 24.02.2022 and the Appeal has been filed on 22.04.2022 with a delay of 27 days. The reasons for the delay are stated in the application and accompanying affidavit.

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The learned counsel appearing for Applicants submits that taking into account the order dated 10.01.2022 passed by the Hon’ble Supreme Court in M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020 which clearly states that the period from 15.03.2020 till 28.02.2022 shall stand excluded in computing the periods prescribed under Section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the

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Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribed period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

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In view of the above findings of the Hon’ble Supreme Court, and for the reasons mentioned in the application, I am of the view that delay has to be condoned. Hence I.A. No. 397/2022 is allowed and a delay of 27 days in filing the present Appeal is condoned.

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The Registry is directed to take the Appeal on file if there are no other defects to be cured.

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Respondents are at liberty to file a reply to the Memo of Appeal with an advance copy to the learned counsel appearing for the Appellants.

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Post on 03.10.2022 before Registrar for compliance.

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Sd/Chairperson

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dpj 5

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Kallappanna Awade Ichalkaranji Janata Sahakari Bank Limited and Anr. v. Pratap B Salunke and Ors.

Case brief

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Kallappanna Awade Ichalkaranji Janata Sahakari Bank Limited and Anr. v. Pratap B Salunke and Ors.

Case brief

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