The tribunal disposed of an interim application seeking condonation of delay for filing an appeal. It allowed the application and listed the main appeal for hearing.
Interim application for condonation of delay was allowed.
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
(Appeal Dy. No. 391 of 2022)
(I.A. No. 262 of 2022)
(Arising out of S.A. 388 of 2022 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.09.2022
Dipak Kumar Banik & Anr.
… Appellants
-Vs-
City Union Bank Ltd. & Anr.
… Respondents Pr. Prasenjit Pal, learned counsel with Mr. S. Bhattacharyya, ld. Counsel for the appellants. Mr. A. Pramanik, learned counsel with Ms. S.Dey and D.Rakshit, learned counsel for the respondent.
THE APPELLATE TRIBUNAL :
I.A. 262 of 2022 has been filed by the appellant u/s 5 of the Limitation Act seeking condonation of delay of 65 days in filing the appeal. The impugned order against which present appeal is preferred was passed by learned DRT on 27.05.2022 and present appeal is preferred on 08.08.2022. Learned counsel for the appellant submits that certified copy was applied on 14.06.2022. Learned counsel further submits that delay was initially caused due to the fault of the advocate’s clerk and thereafter due to COVID 19 he could not deposit fees and at last advocate on record contacted Mr. Prasenjit Pal, learned counsel.
Having considered submission advanced by the learned counsel for the appellant and perusing records I am of the opinion that ground explained by the appellant is sufficient for condonation of delay. Accordingly, I.A. 262 of 2022 is allowed. Delay is condoned.
Respondent may file opposition within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter.
List the matter on 19.12.2022 for hearing the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 9th September, 2022 09/pkb
1 issue framed by the court
Whether delay in filing the appeal is condonable under Section 5 of the Limitation Act.
Dipak Kumar Banik & Anr.
City Union Bank Ltd. & Anr.
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
