The tribunal condoned an appeal filed by State Bank of India with a 382-day delay, accepting official reasons, and directed the bank to pay costs to the DRT Bar Association.
Delay of 382 days condoned; Appellant directed to pay costs of Rs. 15,000 to DRT Bar Association within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
M.A. No. 142/2009 (CoD)
in
Appeal No. 210/2009
Between
State Bank of India … Appellant/s V/s. Bharatkumar Bhagvandas Soni & Anr. …Respondent/s
Mr. R. J. Singh, i/b M/s. R. J. Singh & Co., Advocate for Appellant. -: Order dated : 08/06/2022 :-
The Appellant, State Bank of India, challenges the order of the D.R.T. in this Appeal. There is a delay of 382 days in filing the Appeal.
In the application for condoning the delay and the accompanying Affidavit it is stated that the delay was caused due to official reasons of getting the sanction and complying with other formalities.
Second Respondent has filed a reply to this application stating that the reasons stated in the application for condoning are not sufficient for condoning the delay and that each and every day’s delay will have to be explained.
It is always appropriate that a matter be disposed of on its merits. The Appellant is a Bank and there is a huge delay in filing the Appeal, but I am satisfied with the explanation that is given regarding the cause for the delay, therefore, the delay is condoned but however, since there is delay of 382 days, it can be allowed only terms and the Appellant is directed to pay cost of Rs.15,000/(Rupees Fifteen Thousands only) to the DRT Bar Association, Mumbai, within a period of two weeks, towards purchase of books and periodicals.
Post on 30.06.2022 before the Registrar for reporting compliance.
Sd/-
Chairperson
dpj-2
1
1 issue framed by the court
Whether the appeal filed beyond limitation should be admitted.
State Bank of India
Bharatkumar Bhagvandas Soni & Anr.
Ashok Menon
As recorded by the court registry
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