Applicant applied for condonation of fifty-six days delay in filing an appeal. The court allowed the application on finding sufficient grounds, subject to payment of costs to the State Legal Services Authority.
Application for condonation of delay allowed subject to payment of costs.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 216 of 2018)
(Arising out of O.A. 560 of 2015 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 22.6.2022 | State Bank of India … Appellan -Vs- Jain Infraproject Lim … |
t ited& Others Respondents |
|---|---|---|
| Ms. Sharmistha Mr. Debasish Learned Counsel for |
Pal led by Chakrabarti, Appellant |
|
| Mr. Gaurav Singh | led by |
|
| Mr. Nimish Mishra | , Learned |
|
| Counsel for Respond | ent |
THE APPELLATE TRIBUNAL :
I.A. 35 of 2018
In this application Appellants have prayed for condonation of fifty six days delay in filing the appeal.
Learned Counsel for the Appellant submits that this is a matter of Siliguri and after passing of an interim order the Respondent approached the Appellant Bank with an OTS proposal which could not materialize. Subsequently due to various procedural aspects, there was delay in filing the appeal.
Learned Counsel for the Respondent, however, opposed by stating that no good ground has been taken for condoning the delay and that the delay could not be explained with proper reasoning.
2
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay of fifty six days subject to payment of Rs.10,000.00 towards costs to be paid to the State Legal Services Authority. The application, being I.A. 35 of 2018, is allowed by condoning the delay.
Appeal be registered by supply regular number. List the mater on 28th July, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 22nd June, 2022 04/ac
1 issue framed by the court
Whether the delay of fifty-six days in filing the appeal should be condoned.
State Bank of India
Jain Infraproject Limited
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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