Allowed
Indian Overseas Bank v. M/S. Palm Kernel India Pvt. Ltd.
DRATIA/53/2022
What the court decided
AI extract
Outcome
Allowed
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 53/2022 (CoD)
in Appeal on Diary No. 58/2022
Between Indian Overseas Bank … Appellant/s V/s. M/s. Palm Kernel India Pvt. Ltd. & Ors. …Respondent/s
Mr. Charles DeSouza along with Ms. Khushboo Agarwal, i/b M/s. Thodur Law Associates, Advocate for Appellant.
Mr. Suresh P. Pandav, along with Ms. Kalyani V. Patil, Advocate for Respondents.
-: Order dated : 28/04/2022 :-
Impugned order is dated 30.10.2021 and the Appeal is filed only 01.03.2022 with a delay of 91 days in terms of Covid restrictions and the matter being from Pune, the delay has caused and it is explained in the Affidavit.
The learned counsel appearing for Applicants submits that the delay has to be condoned 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 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 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.
I am convinced that the Appellant is entitled for the benefit of the above decision of the Hon’ble Supreme Court. Hence the delay of 91 days in filing the Appeal is condoned and the application for condonation of delay is allowed.
Registrar is directed to take the Appeal on file, if there are no other defects to be cured.
Post on 06.05.2022 before Registrar for compliance.
Sd/Chairperson
dpj/mks-16
1 issue framed by the court
Whether the delay of 91 days in filing the appeal under the Commercial Courts Act may be condoned in light of the Supreme Court's extension order?
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (C) No. 3/2020, M.A. No. 21/2022Followed¶9
3 provisions across 3 enactments
Indian Overseas Bank
M/s. Palm Kernel India Pvt. Ltd. & Ors.
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court