Allowed

Punjab National Bank v. Sri Prabhat Kumar Banerjee And Others

DRAT27 Jul 2022REGULAR APPEAL/26/2022

Case brief

AI extract

What is this about?

Appellant applied for condonation of delay in filing an appeal under Section 5 of the Limitation Act, 1963, citing ministerial process. The Tribunal allowed the application, noting the record supported the ground for condonation despite respondent objection.

What did the court decide?

Condonation of 104 days delay in filing the appeal allowed; matter to be listed for hearing adopted.

Punjab National Bank versus Sri Prabhat Kumar Banerjee And… — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Diary No. 83 of 2020)

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(Arising out of T.A. 185 of 2001 in DRT, Cuttack)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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27.07.2022	United Bank of India … Appellant -Vs-
	Prabhat Kumar Banerjee & Others … Respondents
	Mr. Debasish Chakrabarti with
	Ms. Sharmistha Pal, Learned
	Counsel for Appellant

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Mr. Nemani Srinivas, Learned Counsel for the Respondents No. 2 and 3

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THE APPELLATE TRIBUNAL :

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I.A. 47 of 2020

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This is an application under Section 5 of the Limitation Act for condonation of 104 days delay in filing the appeal as due to ministerial process the appeal could not be filed on time..

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Learned Counsel for Respondent No. 2 orally objected and submitted that no ground has been made out for condoning the delay. The other Respondents are served through paper publication but none appears.

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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. Delay in filing the appeal is condoned.

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Application being I.A. 47 of 2020, is allowed.

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Appeal be registered by supplying regular number.

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In the meantime, Respondents may file opposition within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.

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List the matter on 29^th September, 2022 for hearing.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 27^th July, 2022 01/ac

Punjab National Bank v. Sri Prabhat Kumar Banerjee And Others

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sri Prabhat Kumar Banerjee And Others

Case brief

What is this about?

What did the court decide?

What the court decided

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