The Debts Recovery Appellate Tribunal, Mumbai condoned a 107-day delay in filing an appeal due to the appellant's location outside Maharashtra. The appeal was taken on file and listed for next hearing.
Application for condonation of delay allowed; appeal taken on file and posted.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
M.A. No. 475/2016 (CoD) In Appeal No. 160/2016
Between
Shri Siddhivinayak Traders. … Appellant/s
The Maharashtra State Co-Op Ltd & Ors.
…Respondent/s
Mr. Rajesh Nagori, i/b Ms. Sanjana Ghogare, Advocate for Appellant.
-: Order dated: 28/10/2022:-
The application for condonation of delay is filed for condoning the delay of 107 days. The reason stated in the application is that the Appellant is from outside the State and hence, contacting the lawyer in Mumbai caused the delay. There are no malafides in delaying the filing of the Appeal. Hence, the application for condonation of delay is allowed.
The Appeal is already taken on file.
Heard the Appeal.
Post on 01.11.2022 for orders.
Sd/Chairperson
mks-09
2 issues framed by the court
Whether the delay of 107 days in filing the appeal should be condoned on the ground that the appellant was from outside the State.
Whether the appeal fell within the 90-day limitation period for filing under Section 17 of the SARFAESI Act (implied by tribunal jurisdiction).
Shri Siddhivinayak Traders
The Maharashtra State Co-Op Ltd & Ors
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
