The Debts Recovery Appellate Tribunal at Kolkata allowed an application for condonation of 125 days delay in filing an appeal under Section 5 of the Limitation Act, subject to payment of costs. The matter was registered and scheduled for listing.
Condonation of 125 days delay in filing appeal subject to payment of Rs. 5,000 costs.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 242 of 2019) (Arising out of T.S.A. 441 of 2017 in DRT-2, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
06.05.2022 Nandini Industries 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 04/ac
2 issues framed by the court
Whether the delay of 125 days in filing the appeal to the Debts Recovery Appellate Tribunal should be condoned.
Whether sufficient cause exists for condonation of delay in the appeal.
1 provisions across 1 enactments
Nandini Industries India Private Limited
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
