The Debts Recovery Appellate Tribunal at Kolkata allowed an application for condonation of delay in filing an appeal, citing the Covid-19 pandemic. The matter of waiver of pre-deposit was adjourned.
Application for condonation of delay under Section 5 of the Limitation Act allowed. Application for waiver of pre-deposit listed 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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 289 of 2022)
(Arising out of O.A. 426 of 2014 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
22.12.2022 National Bank Limited … Appellant -vsIndian Bank & Others … Respondents Ms. Aparajita Rao with Mr. Partha Bose, Learned Counsel for Appellants
Mr. Debasish Chakrabarti with Mr. S. Basu and A. Goswami, Learned Counsel for Respondent No. 1
Mr. Prosit Deb, Learned Counsel for Respondent No. 6
Mr. Safikul Mandal, Learned Counsel for Respondent No. 9/Trust Bank Limited
THE APPELLATE TRIBUNAL :
I.A. 196 of 2022
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. It appears that the impugned order was passed on 24th July, 2020 while the appeal was preferred on 8th July, 2022. Learned Counsel Appellant submits that due to Covid-19 pandemic the appeal could not be filed within the limitation period. Reliance is placed on a judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021. Keeping in view that the
2
ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Application being I.A. 196 of 2022, is allowed.
I.A. 197 of 2022
This is an application for waiver of pre-deposit under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993. Opposition, if any, be filed within three weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 13th March, 2023 for hearing of I.A. 197 of 2022.
Dated: 22nd December, 2022 05/ac
2 issues framed by the court
Whether condonation of delay under Section 5 of the Limitation Act is warranted due to the Covid-19 pandemic.
Whether to waive the pre-deposit under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993.
2 provisions across 2 enactments
National Bank Limited
Indian Bank
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
