A single bench of the DRT, Mumbai allowed an application for condonation of delay in filing an appeal, relying on the Supreme Court judgment in Suo Moto Writ Petition (Civil) No. 03/2020.
Application for condonation of delay allowed; appeal taken on file.
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.114 /2022(CoD)
In
Appeal on Diary No.563/2021
Between
Modella Textiles Industries Limited & Ors. … Appellant/s
V/s.
Edelweiss Asset Reconstruction Company Ltd. & Ors.
…Respondent/s
Mr Rajesh Nagori & Mr Rishab Jain, i/b M/s. MDP & Partners., Advocate for the Appellant.
Mr. Bhalchandra Palav, i/b M/s. Bhal & Co., Advocate for Respondent No. 1
-: Order dated: 13/07/2022:-
The matter is taken up for hearing by way of Praecipe filed on 05.07.2022 by the Appellant for seeking urgent relief.
Heard the Ld. Counsel appearing for the Appellant and Ld. Counsel for the Respondent on I.A. No. 114/2022, which is an application for condonation of 6 days delay in filing Appeal. The impugned order is dated 22.11.2021 and the Appeal has been filed only on 03.01.2022. The reason for the delay has been explained in the application as well as the accompanying affidavit. Moreover, the period of delay falls within the purview of the Judgment of the Hon’ble
1
Supreme Court of India in Suo Moto Writ Petition (Civil) No. 03/2020 and hence, I am inclined to allow the application even though vehemently opposed by the Ld. Counsel appearing for the Respondent.
The Appeal shall be taken on file in case there are no other defects to be cured.
Post on 03.08.2022 before Registrar for compliance.
Sd/Chairperson
mks-6
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1 issue framed by the court
Whether the delay of six days in filing the appeal can be condoned under the Supreme Court judgment in Suo Moto Writ Petition (Civil) No. 03/2020.
Colour shows how this judgement treated each authority
Suo Moto Writ Petition (Civil) No. 03/2020Relied on¶14
1 provisions across 1 enactments
Modella Textiles Industries Limited & Ors.
Edelweiss Asset Reconstruction Company Ltd. & Ors.
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
