Single judge allowed condonation of 125 days delay in filing an appeal before the Appellate Tribunal, subject to payment of Rs.5,000 costs, and fixed a date for listing the appeal after noting a waiver granted to the respondent.
Condonation of 125 days delay allowed subject to payment of Rs.5,000 costs.
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
(Diary No. 241 of 2019)
(Arising out of T.S.A. 440 of 2017 in DRT-2, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.05.2022 Techtrans Construction India Private Limited … Appellant -vsState Bank of India … Respondent
Mr. Nemani Srinivas, Learned Counsel for Appellant
Ms. Rakhi Purnima Paul, representing Mr. Ajay Gaggar, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
Application for condonation of delay
This is an application under Section 5 of the Limitation Act for condonation of 125 days delay in filing the appeal as the Appellant had moved before the Hon’ble High Court of Judicature for the State of Telengana at Hyderabad, wherein liberty was granted to approach the Appellate Tribunal and if approached, Appellate Tribunal may condone the delay, if there be any.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay; subject to payment of Rs.5,000.00
2
(Rupees five thousand) towards costs, to be paid within two weeks to the Respondent Bank.
Application being for condonation of delay is disposed
of.
Appeal be registered by supplying regular number. Respondent Bank prays for, and is granted, four weeks time to file opposition against the waiver application; advance copy whereof be supplied to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List the matter on 28th July, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 6th May, 2022 03/ac
1 issue framed by the court
Whether the delay in filing the appeal should be condoned under Section 5 of the Limitation Act.
Techtrans Construction India Private Limited
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
