The Deposits Recovery Tribunal Bench allowed the Appeal Bank's application for condonation of delay in filing an appeal. It directed the appellant to pay Rs.20,000 to the DRT Bar Association within a week.
Condonation of delay allowed subject to payment of Rs.20,000 to DRT Bar Association within one week.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
M.A. No. 243/2013 (CoD)
in
Appeal No. 118/2013
Between
Bank of Maharashtra … Appellant/s V/s.
Sandeep Dnyandeo Gawali & 2 Ors.
…Respondent/s
Ms. Rathina Maravarman, Advocate for Appellant.
Mr. Vishal Tambe, i/b Mr. V. V. Chandavale, Advocate for Respondent No.1.
-: Order dated : 06/04/2022 :-
There is no representation for other Respondents.
This application for condonation of delay is filed by the Appellant Bank initially seeking to condone delay of 1167 days in filing present Appeal. Upon scrutiny of the application, the Registry had remarked that in this case there is delay of 363 days.
Learned counsel for Appellant submitted that the delay is caused mainly due to departmental non-coordination between their Legal Department as well as Credit Department of their Head Office at Pune and Zonal Office at Mumbai to take a decision. There were 2 S.As. filed, out of which one was dismissed while other was allowed to the prejudice of the Bank and the Applicant Bank was not able decide immediately whether the Appeals should be filed for
1
challenging the order as S.A. No. 34 of 2009 was allowed and S.A. No. 36 of 2009 was rejected. These are the reasons why the Bank has come up with this Appeal seeking condonation of delay.
Respondents appeared but have not filed any reply on condonation of delay.
On going through the record, the application for condonation for delay and the accompanying Affidavit, it is seen that the delay was not deliberate and has not caused prejudice to the Respondents in any manner and, therefore, the delay needs to be condoned. Even though it is during the pre-Covid times, considering the facts and circumstances of the case, I am inclined to condone the delay on payment of costs of Rs.20,000/- (Rupees Twenty Thousand only) payable to the DRT Bar Association, Mumbai, within a period of one week, failing which the application shall stand dismissed.
Post on 17.06.2022 for reporting compliance of payment costs.
Sd/Chairperson
dpj/mks-11
1
1 issue framed by the court
Whether the delay in filing the appeal should be condoned.
Bank of Maharashtra
Sandeep Dnyandeo Gawali
Respondent No. 2
Respondent No. 3
Ashok Menon
As recorded by the court registry
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