Single judge of the DRTA allowed the appeal by condoning a delay of 218 days in filing, finding the reason acceptable. Costs of Rs. 10,000 were imposed on the appellant, who must report proof of payment.
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. 947/2012
in
Appeal No. 108/2013
Between
Union Bank of India … Appellant/s V/s.
M/s. Monu Trading Co. & Ors.
…Respondent/s
Mr. Nainesh Amin, i/b M/s. N. N. Amin & Co., Advocate for Appellant.
-: Order dated : 28/04/2022 :-
Impugned order is dated 09.05.2011 and the Appeal was filed only on 08.02.2012 with a delay of 218 days. In the application filed for condonation of delay the reasons for the delay have been explained by the Appellant. The reason that caused delay is that the Appeal papers were misplaced in the office of the counsel and hence Appeal could not be filed in time. The Respondents were served, but none appeared. Hence there is no objection coming from opposite side.
On reading of the application for condonation of delay and the accompanying affidavit, I am convinced that the delay has been properly explained, hence delay of 218 days stands condoned, but on payment of costs of Rs.10,000/- (Rupees Ten Thousand only) payable to the DRT Bar Association, Mumbai, within a period of two weeks. The Appeal is already numbered.
Post on 16.06.2022 for reporting payment of costs.
Sd/Chairperson
dpj/mks-30
1
2 issues framed by the court
Whether to condone the significant delay in filing the appeal and allow the proceeding to be heard.
Whether the explanation proffered for the delay of 218 days is acceptable.
Union Bank of India
M/s. Monu Trading Co.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
