Allowed

Smt Srilakshmi Cherkuri v. Ms Varasiddi Vinayaka Cotton Mill

DRAT21 Dec 2022REGULAR APPEAL/133/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an application for condonation of delay in filing an appeal. The appellant was granted time by the High Court to file the appeal, which was subsequently filed within that extended period. The appeal is registered for hearing.

What did the court decide?

The application for condonation of delay under I.A. 313 of 2022 was allowed, the appeal was registered, and an adjournment was granted until 09.03.2023.

Smt Srilakshmi Cherkuri versus Ms Varasiddi Vinayaka Cotton… — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Diary No. 469 of 2022

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(Arising out of S.A.10 of 2019 in DRT, Visakhapatnam)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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21.12.2022 Smt. Srilashmi Cherukuri … Appellant -VsM/s. Varasiddi Vinayaka Cotton Mill & Another … Respondents Mr. Pankaj Kumar Mukherjee, Learned Counsel for Appellant Mr. Dasari Arun Kumar, Learned Counsel for Respondent No. 1

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Mr. Nimish	Mishra with
Ms. Sangeetha	Ghosh, Learned
Counsel for	Respondent No.
2/Canara Bank

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THE APPELLATE TRIBUNAL :

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Vakalatnama filed by Respondent No. 1 be taken on record.

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Heard the Learned Counsel for the parties. Objection filed against I.A. 313 of 2022 and I.A. 314 of 2022, Stay Application, by Respondent No. 1 are taken on record.

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I.A. 313 of 2022

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In this application Appellant has prayed for condonation of delay in filing the appeal.

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Learned Counsel for Appellant submits that Appellant has preferred a writ petition, being Writ Petition No. 2416 of 2022, before the Hon’ble High Court at Andhra Pradesh at Amravati which was disposed of on 7^th July, 2022 wherein

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eight weeks time was granted by the Hon’ble High Court for filing the appeal. Thereafter the Appellant preferred the appeal on 5^th September, 2022. The appeal was filed within the period granted by the Hon’ble High Court; hence, the ground taken by the Appellant for condoning the delay in filing the appeal is sufficient.

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The application, being I.A. 313 of 2022, is allowed by condoning the delay.

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Appeal be registered by supplying regular number.

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Opposition be filed within a period of four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.

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List on 9^th March, 2023 for hearing of the appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 21^st December, 2022 04/ac

Smt Srilakshmi Cherkuri v. Ms Varasiddi Vinayaka Cotton Mill

Case brief

What is this about?

What did the court decide?

Smt Srilakshmi Cherkuri v. Ms Varasiddi Vinayaka Cotton Mill

Case brief

What is this about?

What did the court decide?

What the court decided

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