An IA filed under Section 5 of the Limitation Act was allowed, condoning the delay for filing an appeal arising out of a DRT order.
Delay in filing the appeal is condoned; application I.A. 313 of 2020 is allowed; appeal registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 504 of 2020)
(Arising out of Appeal No. 01 of 2012 in R.P. 44 of 2009 in DRT-3 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 29.09.2022 | High Bank Advisory Private Limited … Appellant -Vs- Rajesh Kumar Gupta … Respondent |
|---|---|
| Mr. A. K. Dhandhania with Mr. Ajit Keshari and Ms. Rashmi Bothra, Learned Counsel for Appellant |
|
| Mr. Someshwar Chakraborty, Learned Counsel for Respondents No. 1 to 4 |
Ms. Poetry Dutta, Learned Counsel for Respondent No. 5
THE APPELLATE TRIBUNAL :
I.A. 313 of 2020
This is an application under Section 5 of the Limitation Act for condonation of delay.
Impugned order was passed on 5th October, 2020. Appeal was preferred on 25th December, 2020. It appears that the Appellant was under the impression that from the date of receiving the certified copy of the order the limitation for filing of appeal begins.
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
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for condoning the delay. Delay in filing the appeal is condoned.
Application being I.A. 313 of 2020, is allowed.
Appeal be registered by supplying regular number.
Respondent No. 1 to 4 may file opposition to the appeal within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
Opposition filed by Respondent No. 5 is taken on record. Rejoinder, if any, be filed within four weeks.
Opposition be filed within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List the matter on 2nd January, 2023.
(Anil Kumar Srivastava,J)
Chairperson
Dated: 29th September, 2022 01/ac
2 issues framed by the court
Whether delay in filing appeal is sufficient to condone under Section 5 of the Limitation Act
Whether the application for condonation of delay is allowed
1 provisions across 1 enactments
High Bank Advisory Private Limited
Rajesh Kumar Gupta
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
