The Debt Recovery Appellate Tribunal at Mumbai, through Mr Justice Ashok Menon, disposed of an application for condonation of delay in filing appeal M.A. No. 445/2014 against an order of the DRT. It granted the leave to appeal and set the hearing date.
Condonation of delay in filing the appeal; appeal admitted for hearing.
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 M.A. No. 445/2014 (CoD)
In Appeal No. 132/2014
Between
M/s. Radhee Foods Pvt. Ltd. … Appellant/s V/s. ICICI Bank Limited &Ors …Respondent/s Mr Rajesh Nagori, i/b MsSanjanaGhogare, Advocate for Appellant. Mr. ApoorvKarekar, M/s. DivekarBhagwat& Co., Advocate for Respondent.
-: Order dated: 11/07/2022:-
The Appellant has come up with the Appeal challenging the impugned order dated 13.11.2013 of the Ld. P.O. D.R.T., Aurangabad.
On going through the application for condonation of delay filed this M.A. No. 445/2014 and accompanying affidavit. I find that the delay has been properly explained and there is only a day's delay in filing the Appeal. For the reason stated in the application, the delay stands condoned. The Appeal has already been taken on the file, and the Respondent shall file a reply.
The parties shall get ready for hearing on the next date, positively. Post on 30.08.2022 for hearing.
Sd/Chairperson
mks-6
1
2 issues framed by the court
Whether the delay in filing the appeal under Section 17 of the SARFAESI Act is condonable.
Whether the appeal is fit for admission after condonation of delay.
M/s. Radhee Foods Pvt. Ltd.
ICICI Bank Limited & Ors
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
