Ms Choice Precitech India Pvt. Ltd. v. State Bank of India
Case brief
What is this about?
The Tribunal allowed a condonation application for filing delay due to lack of knowledge of an order. The application for waiver of predeposit was adjourned pending instructions regarding possession.
What did the court decide?
Delay in filing the appeal was condoned and the application under Section 5 of the Limitation Act was allowed.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 77 of 2020
(Arising out of S.A.I.R. 991 of 2019 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
24.11.2022 M/s. Choice Pracitech India Private Limited & 2 Others … Appellants -VsState Bank of India … Respondent Mr. Nemani Srinivas, Learned Counsel for the Appellants Mr. Soudip Pal Choudhuri with Ms. Saswati Sikder, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. No. 63 of 2020
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
Impugned order is passed on 18th July, 2019 by the Learned Presiding Officer, DRT-II, Hyderabad while a writ petition No. 16320 of 2019 was preferred before the Hon’ble High Court at Hyderabad by the Appellant which was withdrawn on 7th November, 2019. Learned Counsel for the Appellant submits that Appellant came to know about the withdrawal order only on 17th December, 2019 from his Counsel.
Issues for consideration
2 issues framed by the court
Whether the delay in filing the appeal under the SARFAESI Act was condonable for lack of knowledge of the withdrawal order.
Whether the application for waiver of predeposit under Section 18(1) of the SARFAESI Act could be decided at this stage.
Parties & counsel
- appellant
M/s. Choice Pracitech India Private Limited
- respondent
State Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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