The Appellate Tribunal allowed an application to condone a one-day delay in filing an appeal, holding that Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, empowers condonation based on sufficient reasons.
Condonation of delay of one day in filing Appeal; application allowed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 549/2021 In A.IR:155/2021
Narendra Kumar Lodha V/S H.Govindaraj Rao & Ors
14/12/2022
This Application is filed seeking to condone delay of one day in filing the Appeal against impugned Order dated 30.07.2021.
Advocate for Respondent Nos.1 & 2 opposed and submitted that there is no provision under Section 30 of RDB Act, 1993, for condonation of delay. This Appeal is not under Section 30 of RDB Act, 1993, but it is under Section 20 of RDB Act, 1993, which empowers this Tribunal to condone delay where sufficient reasons are assigned.
Considering the reasons stated in the Affidavit filed in support of Petition, I am of the view that, reasons assigned are convincing and delay has to be condoned.
Accordingly, one day delay in filing the Appeal is condoned. IA 549/2021 is allowed.
Office to register the Appeal, if it is otherwise, in order.
Sd/Chairperson
1 issue framed by the court
Whether delay in filing appeal against impugned order could be condoned under Section 20 of RDB Act, 1993.
2 provisions across 1 enactments
Narendra Kumar Lodha
H. Govindaraj Rao
Chairperson
As recorded by the court registry
18 orders share this CNR
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