Ms Borna Mondal v. Bank of Maharashtra
Case brief
What is this about?
Court condoned 44 days delay in filing appeal under Limitation Act. Allowed partial waiver of pre-deposit under SARFAESI Act, granting 25% of claim due with 3-week extension, making appeal maintainable.
What did the court decide?
Delay of 44 days condoned. Pre-deposit waiver allowed if 25% of Rs.36,62,184.00 is deposited within three weeks; earlier deposit of Rs.1 lac to be adjusted.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 48 of 2022) (Arising out of S.A. 103 of 2020 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
25.07.2022 Ms. Borna Mondal … Appellant -VsBank of Maharashtra … Respondent Mr. Purusattam Basak with Mr. Pratip Mukherjee, Learned Counsel for Appellant
Ms. Falguni Jana, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. 36 of 2022
This is an application under Section 5 of the Limitation Act for condonation of 44 days delay in filing the appeal. It is submitted that delay is not intentional.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay. Delay for 44 days is condoned.
Issues for consideration
3 issues framed by the court
Whether 44 days delay in filing appeal is condonable under Section 5 of the Limitation Act.
Whether waiver of pre-deposit under Section 18(1) of SARFAESI Act is allowable after partial deposit.
Whether time can be granted for depositing the required pre-deposit amount.
Parties & counsel
- appellant
Ms. Borna Mondal
- respondent
Bank of Maharashtra
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090000482022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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