The Tribunal allowed an interim application to condone a 54-day delay in filing an appeal. Relying on a specific Supreme Court order, the court directed the registry to register the appeal pending removal of office objections.
Allowance of I.A. No. 90/2022 to condone a 54-day delay in filing the appeal; direction to register the appeal.
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. 90/2022 (CoD)
In Appeal on Diary No. 64/2022
Between
Bank of Baroda … Appellant/s V/s.
M/s. Omkar Specialty Chemicals Ltd. …Respondent/s
Mr. Rohit Gupta a/w 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-4
1 issue framed by the court
Whether the appeal filed with a delay of 54 days should be admitted given the Supreme Court exclusion of specific periods for limitation.
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. 3/2020Relied on¶13
3 provisions across 3 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
