Single judge APPELLED in DA/DA Tribunal against DRT order forfeiting earnest money due to failure to pay 75% balance. Delay of 39 days condoned based on Supreme Court order suspending limitation. Appeal marked for reply and compliance.
Delay condoned; appeal taken on file; respondent permitted to file reply; file posted for compliance on 23.11.2022.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I A No. 136/2022 (CoD) In
Appeal on Diary No. 180/2022
Between
Mr. Deepak Mhatre … Appellant/s V/s. Bank of India …Respondent/s
Mr Kushal Sawant, i/b Mr Ganesh Narkhede, Advocate for Appellant.
Ms Amita Dutta, Advocate for Respondent.
-: Order dated: 17/10/2022:-
1
saving of the limitation. That period starts from 15.03.2020 to 28.03.2022 and this instant case has been filed during that period. Therefore, it would squarely apply to the instant case and therefore, the delay is condoned.
Sd/Chairperson
mks-20
2
2 issues framed by the court
Whether to condone the 39-day delay in filing the appeal citing the period of suspension of limitation in Suo Moto Writ Petition (Civil) No. 03 of 2020.
Whether the appeal is maintainable after curing the defect of delay.
Colour shows how this judgement treated each authority
Suo Moto Writ Petition (Civil) No. 03 of 2020Followed¶9
Suo Moto Writ Petition (Civil) No. 03 of 2020 dated 27.04.2021
1 provisions across 1 enactments
Mr. Deepak Mhatre
Bank of India
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
