Disposed

State Bank of India v. Umang Kejiriwal and Anr.

DRAT23 Aug 2022REGULAR APPEAL/20/2023

Case brief

AI extract

What is this about?

The Appellate Tribunal considered a preliminary objection regarding limitation bar on an appeal filed on 31.03.2022 against an order dated 08.02.2022. The court held the appeal was within time, applying Supreme Court guidelines to account for the limitation extension and excluding days spent on certified copy preparation.

What did the court decide?

The preliminary objection regarding limitation was overruled; time was granted to file opposition.

State Bank of India versus Umang Kejiriwal and Anr. — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal Dy. No. 67 of 2022)

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(Arising out of O.A. 216 of 2018 in DRT-3, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

23.08.2022

State Bank of India

-Vs-

Umang Kejriwal & Anr.

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… Respondents

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Mr. Debasish Chakraborty, learned counsel with Ms. S. Pal, learned counsel for the Appellant. Mr. A. K. Dhandhania, Learned Senior Counsel with Mr. D. Mukherjee and Mr. R. Maity, learned counsel for the respondent.

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THE APPELLATE TRIBUNAL :

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At the very outset learned senior counsel appearing for the respondent has raised preliminary objection regarding limitation in filing the appeal and submits that appeal was not filed within the limitation period of 30 days. It is submitted that the impugned order was passed on 08.02.2022 while appeal was filed on 31.03.2022. Learned senior counsel further submits that limitation period of 30 days would expire on 10.03.2022. Accordingly, the appeal is barred by limitation.

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Learned counsel for the respondent submits that appeal is filed within the period of limitation. The impugned order was passed on 08.02.2022. Thereafter, Hon’ble Apex Court in Suo Motu Writ Petition No. 03 of 2020 dated 10.01.2022 has observed that in cases where the limitation would have expired during the period between 15.03.2022 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. Learned counsel submits that in view of aforesaid judgement the appeal is within time.

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Heard learned counsel for the appellant Bank and learned senior counsel for the respondent and perused records.

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The impugned order was passed on 08.02.2022. In ordinary course, appeal should have been filed within 30 days i.e. on 10.03.2022, whereas appeal was filed on 31.03.2022. Exemption of period of 90 days from 01.03.2022 was granted by the Hon’ble Apex Court in the Suo Motu Writ Petition No. 03 of 2020 (supra). It was also clarified that in the event the actual balance period of limitation remaining with effect from 01.03.2022 is greater than 90 days that longer period shall apply. If limitation is calculated even from 01.03.2022 the appeal was filed on 31.03.2022. It is on record that date of application for preparation of certified copy was 11.03.2022 and copy was prepared on 16.03.2022. Period of preparation of certified copy was also to be excluded. Accordingly, if we exclude 05 days, then the appeal preferred on 31.03.2022 is within the period of limitation.

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In view of the above, preliminary objection raised by the learned senior counsel is overruled. It is held that appeal is preferred within the period of limitation.

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Learned senior counsel for the respondent prays and granted three weeks time to file opposition with advance copy to the appellant, who may file rejoinder within two weeks thereafter.

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List the appeal on 07.11.2022 for hearing.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 23rd August, 2022 07/pkb

State Bank of India v. Umang Kejiriwal and Anr.

Case brief

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State Bank of India v. Umang Kejiriwal and Anr.

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