tribunal condoned delay in filing an appeal and disposed of an interim application regarding condonation of delay. It allowed the appellant to deposit 35% of the decretal amount as pre-deposit within four weeks for the appeal to be considered maintainable.
Condonation of delay in filing appeal; Direction to deposit 35% of decretal amount within four weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 330 of 2020)
(Arising out of O.A. 227 of 2016 in DRT, Guwahati)
| THE HON’BLE | MR. JUSTICE | ANIL KUMAR SRIVASTAVA CHAIRPERSON |
|---|---|---|
| 29.08.2022 | M/s. Marboh Bamboo Products Private Limited … Appellant -Vs- State Bank of India … Respondent |
|
| Mr. Sanjay Mitra with Ms. Falguni Jana, Learned Counsel for the Appellant |
||
| With | Mr. Pankaj Kumar Jana, Learned Counsel for Respondent |
(Diary No. 121 of 2019)
(Arising out of O.A. 227 of 2016 in DRT, Guwahati)
| M/s. Marboh Bamboo Products Private Limited … Appellant -Vs- State Bank of India … Respondent |
|---|
| Mr. Sanjay Mitra with Ms. Falguni Jana, Learned Counsel for the Appellant |
| Mr. Pankaj Kumar Jana, Learned Counsel for Respondent |
THE APPELLATE TRIBUNAL :
I.A. 191 of 2020
The instant application is for condonation of delay in filing the appeal against judgment and order dated 19th February, 2019 passed by Learned DRT, Guwahati whereby O.A. 227 of 2016, filed by the State Bank of India, was allowed and the counter claim was dismissed. This appeal was preferred on 16th September, 2020.
2
It appears that Appellant had filed another appeal, being Diary No. 121 of 2019 against the decree passed in O.A. which was also filed after delay of 8 days and the delay was condoned.
This appeal was filed subsequently as the Appellant was under the impression that only one appeal would suffice the purpose. But subsequently, on legal advice a separate appeal is filed along with an application for condonation of delay.
Since both the appeals have arisen against a common judgment, hence it would be appropriate and in the interest of justice, this appeal should also be heard along with the appeal, being Diary No. 121 of 2019.
Accordingly, delay in filing the appeal is liable to be condoned and is condoned. I.A. 191 of 2020 is disposed of.
I.A. 425 of 2019
The instant application is for waiver of pre deposit. Learned Counsel for the Appellant submits that due to financial crunch of the Appellant be permitted to deposit minimum 25% of the amount as provided under the Act. Having gone through the record, I find that the O.A. was allowed for a amount of Rs.36,37,472.43, hence keeping in view the submission mate by the Learned Counsel for the Appellant as well as the financial condition of the Appellant, he is directed to deposit 35% of the decretal amount within a period of four weeks; failing which appeal shall stand dismissed as not maintainable.
List on 4th November, 2022 for further orders along with Diary No. 121 of 2019..
Copy of this order be retained in Diary No. 121 of 2019.
Dated: 29th August, 2022 02/ac
(Anil Kumar Srivastava,J) Chairperson
2 issues framed by the court
Whether delay in filing an appeal against a DRT judgment is liable to be condoned.
Whether a partial pre-deposit can be permitted in lieu of the full amount under the Act.
M/s. Marboh Bamboo Products Private Limited
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
