The Tribunal condoned a 382-day delay in filing an appeal by the Appellant State Bank of India, accepting official reasons as valid but imposing a cost of Rs. 15,000 to the DRT Bar Association.
The delay of 382 days in filing the appeal is condoned. The Appellant is directed to pay Rs. 15,000 to the DRT Bar Association, Mumbai.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
M.A. No. 143/2009 (CoD)
in
Appeal No. 211/2009
Between
State Bank of India … Appellant/s V/s. Kishorebhai Madhavlal Soni & Anr. …Respondent/s
Mr. R. J. Singh, i/b M/s. R. J. Singh & Co., Advocate for Appellant. -: Order dated : 08/06/2022 :-
The Appellant, State Bank of India, challenges the order of the D.R.T. in this Appeal. There is a delay of 382 days in filing the Appeal.
In the application for condoning the delay and the accompanying Affidavit it is stated that the delay was caused due to official reasons of getting the sanction and complying with other formalities.
Second Respondent has filed a reply to this application stating that the reasons stated in the application for condoning are not sufficient for condoning the delay and that each and every day’s delay will have to be explained.
It is always appropriate that a matter be disposed of on its merits. The Appellant is a Bank and there is a huge delay in filing the Appeal, but I am satisfied with the explanation that is given regarding the cause for the delay, therefore, the delay is condoned but however, since there is delay of 382 days, it can be allowed only terms and the Appellant is directed to pay cost of Rs.15,000/(Rupees Fifteen Thousands only) to the DRT Bar Association, Mumbai, within a period of two weeks, towards purchase of books and periodicals.
Post on 30.06.2022 before the Registrar for reporting compliance.
Sd/-
Chairperson
dpj-3
1
3 issues framed by the court
Whether the delay of 382 days in filing the appeal warrants condonation.
Whether cost should be imposed for the excessive delay.
Whether the explanation for delay, being official reasons, is sufficient.
State Bank of India
Kishorebhai Madhavlal Soni
Anr
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
