The Appellate Tribunal allowed an application for condonation of delay under Section 5 of the Limitation Act due to the Covid-19 pandemic, admitting the appeal arising from a DRT decision.
Application for condonation of delay allowed; appeal admitted with regular number.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 02 of 2022
(Arising out of S.A. 195 of 2020 in DRT,Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
25.11.2022 Canara Bank … Appellant -VsDr. Golagani Ashok Kumar & 5 Others … Respondents Ms. Sangeetha Ghosh, Learned Counsel for Appellant
Mr. M. Narasimha Rao, Learned Counsel for Respondent No.1
Mr. Debjit Mukherjee, Learned Counsel for Respondents No. 5 and 6
THE APPELLATE TRIBUNAL :
I.A. 09 of 2022
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
Impugned order is passed on 17th September, 2021 and the appeal was preferred on 11th January, 2022. Learned Counsel submits that due to Covid-19 pandemic the appeal could not be filed within the limitation period. Reliance is placed on a judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Application being I.A. 09 of 2022, is allowed.
Appeal be admitted and regular appeal number be provided.
Learned Counsel for Respondents No. 5 and 6 files opposition; copy whereof has
been provided to Learned Counsel for Respondent No. 1. Rejoinder, if any be filed within two weeks.
List on 7th February, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 25th November, 2022 01/ac
1 issue framed by the court
Whether delay in preferred appeal due to pandemic warrants condonation under Section 5 of the Limitation Act?.
Colour shows how this judgement treated each authority
Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021Referred¶11
1 provisions across 1 enactments
Canara Bank
Dr. Golagani Ashok Kumar
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
