Kavuru Radha Kumari ANd Others v. Canara Bank

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Diary No. 478 of 2021)

(Arising out of S.A. 08 of 2015 in DRT, Visakhapatnam)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

27.6.2022 Kavuru Radhakumari & Another … Appellants -VsCanara Bank & 2 Others … Respondents Mr. Soumyajit Mishra, Learned Counsel for Appellant Mr. Krishna Kishore Ganguly, Learned Counsel for Respondent Bank

THE APPELLATE TRIBUNAL :

I.A. 361 of 2021

This is an application under Section 5 of the Limitation Act for condonation of delay in preferring the appeal against the judgment and order dated 4^th April, 2019 passed by the Learned Presiding Officer, DRT, Visakhapatnam in S.A. 08 to 2018 (Kavuru Radhakumari & Another -vs- Authorised Officer, Canara Bank) whereby the SARFAESI Application, filed by the Appellants, was dismissed by the Learned DRT. After dismissal of the SARFAESI Application, Appellants filed a writ petition, being W.P. 17779 of 2019, before the Hon’ble High Court of Andhra Pradesh at Amravati which was dismissed on 12^th November, 2019 on the ground of availability of alternative remedy to the Appellants. Liberty was granted to the Appellants to move before the appropriate authority. Consequently, the present appeal was preferred on 26^th August, 2021 with an application for condonation of delay.