The Tribunal allowed an interim application for condonation of 133 days delay in filing an appeal, relying on a Supreme Court direction excluding the pandemic period from limitation computation.
Interim Application No. 58/2022 allowed; 133-day delay in filing Appeal on Diary No. 87/2022 condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 58/2022 (CoD)
In Appeal on Diary No. 87/2022
Between
M/s. Global Gourmet Pvt. Ltd. … Appellant/s V/s. Indian Bank & Ors. …Respondent/s
Ms. Sanjana Ghogare, Advocate for Appellant. Ms. Barsha Parulekar, Advocate for Respondent No.1.
-: Order dated : 27/04/2022 :-
Heard both sides.
This application is for condonation of delay of 133 days in filing Appeal. The impugned order is dated 26.08.2021 and the Appeal is filed on 15.03.2022.
The Ld. Counsel for the Applicant relied on 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.
Ld. Counsel for Appellant submitted that because of the pandemic situation Appeal could not be filed within stipulated time. The period which is to be condoned squarely falls within the scope of the above order passed by the Apex Court.
In view of above findings of the Hon’ble Supreme Court, I am of the view that delay has to be condoned. Hence I.A. No. 58/2022 is allowed and delay of 133 days in filing Appeal on Diary No. 87/2022 is condoned.
Registrar is directed to take up the matter on file there are no other infirmities in receive d the same.
Post on 12.05.2022 before Registrar for compliance.
Sd/Chairperson
dpj/mks-17
2 issues framed by the court
Whether delay of 133 days in filing an appeal due to pandemic circumstances requires condonation.
Whether the period from 15.03.2020 to 28.02.2022 falls within the outer limit for condoning delay as per Supreme Court order.
Colour shows how this judgement treated each authority
M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020Referred¶10
3 provisions across 3 enactments
M/s. Global Gourmet Pvt. Ltd.
Indian Bank
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
