The Tribunal condoned a 55-day delay in filing an appeal against a DRT order, relying on a Supreme Court directive to exclude the pandemic period from limitation calculations under various statutes, allowing the appeal to proceed post-registry.
I.A. No. 89/2022 allowed; delay of 55 days condoned; Appeal directed to be registered.
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. 89/2022 (CoD) In Appeal on Diary No. 63/2022
Between
Bank of Baroda … Appellant/s V/s.
M/s Omkar Specialty Chemicals Ltd. …Respondent/s
Mr. Rohit Gupta a/w Mr. A.R. Bamne, Advocate for Appellant. Mr. Rishab Shah, Advocate for Respondent No.1.
Mr. Rajesh Nagori, Advocate for proposed Respondent No.2 (Auction Purchaser).
-: Order dated :11/05/2022 :-
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.
Sd/Chairperson
mks-5
2 issues framed by the court
Whether the delay of 55 days in filing the appeal should be condoned based on the exclusion period ordered by the Supreme Court?
Whether the registry should register the appeal upon removal of objections?
Colour shows how this judgement treated each authority
Supreme Court, M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020Followed¶11
1 provisions across 1 enactments
Bank of Baroda
M/s Omkar Specialty Chemicals Ltd.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
