Single Judge order condoning 12-day delay in filing appeal and allowing appellant to deposit 30% of decretal amount as pre-deposit due to financial hardship. Appeal registered as regular and listed for hearing.
Condonation of 12-day delay; permission to deposit 30% of decretal amount as pre-deposit within six weeks; appeal registered as regular.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy No. 154 of 2019
(Arising out of OA No. 245 of 2018 in DRT II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
17.11.2022
N. V. Chowdary and anr
… Appellant -vsAndhra Bank … Respondent Mr. N, Srinivas, Learned Counsel for the Appellant Ms. B. Mitra, Learned Counsel for the Respondents
THE APPELLATE TRIBUNAL :
I.A. No. 487 of 2019 application for condonation of
delay of 12 days in filing the Appeal on the ground of preparation of the memo of appeal by Learned Counsel against impugned judgment. Opposed by the Learned Counsel for the Respondent.
Having gone through the record, I find the ground to be sufficient. Accordingly, Application I.A. No. 487 of 2019 is allowed. Delay is condoned.
I.A. No. 488 of 2019 application under Section 21 of the Act, 1993 for waiver of making pre deposit on the ground that the Appellant is an aged person who has no
2
source of income and his business has also collapsed. Keeping in view the submissions made by the Appellant and having gone through the record, I found it appropriate that keeping in view the assertions in Para No. 8 of the Application, Appellant should be permitted to deposit 30% of the decretal amount as pre deposit. Appellant should deposit the amount within a period of six weeks from today.
Let the Appeal be registered as regular appeal by providing a regular appeal number. Respondents may file the opposition within six weeks with advance copy to the Appellant who may file rejoinder within two weeks thereafter.
List on 15th February, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 17th November, 2022 4/tp
2 issues framed by the court
Whether to condone the delay of 12 days in filing the appeal.
Whether to waive the pre-deposit requirement in light of the appellant's financial status.
N. V. Chowdary and anr
Andhra Bank
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
