The Debt Recovery Appellate Tribunal at Kolkata allowed an interim application for condonation of 15-day delay in filing the appeal by the appellant, citing the time taken to seek legal opinion as sufficient ground.
Condonation of 15-day delay in filing appeal and direction to register the appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 110 of 2022)
(Arising out of S.A. 109 of 2020 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
22.09.2022 Ganga Construction … Appellant -VsPunjab National Bank & 3 Others … Respondents
Ms. Teresa Chetri led by Mr. Mrinmoy Chatterjee, Learned Counsel for Appellant
Mr. Debsish Chakrabarti with Ms. Sharmistha Pal, Learned Respondent No. 1/ Bank
THE APPELLATE TRIBUNAL :
I.A. 71 of 2022
In this application Appellant has prayed for condonation of delay in filing the appeal.
Heard Ms. Teresa Chetri, Learned Counsel for the Appellant as well as Ms. Sharmistha Pal, Learned Counsel for Respondent Bank. Learned Counsel for the Appellant has very ably argued the matter.
The impugned order and judgment was passed on 2nd May, 2022 while appeal was filed on 24th April, 2022; copy of the judgment was applied for on 14th March, 2022 which was prepared on 23rd March, 2022. Accordingly, there was a delay of 15 days. It is submitted that delay was not intentional rather delay was caused due to seeking legal opinion.
2
Learned Counsel for the Respondent, however, opposed by stating that no good ground has been taken for condoning the delay.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay.
The application, being I.A. 71 of 2022, is allowed by condoning the delay.
Appeal be registered by supply regular number.
Opposition be filed within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 13th January, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 22nd September, 2022 01/ac
1 issue framed by the court
Whether the delay in filing the appeal can be condoned.
Ganga Construction
Punjab National Bank
3 Others
Anil Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
