DT allowed an application to condone an 8-day delay in filing an appeal, finding the ground sufficient, and set the appeal for hearing.
Application allowed condoning the delay in filing the appeal.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 305 of 2018)
(Arising out of S.A. 13 of 2007 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2022 Bank of Baroda
… Appellant
-Vs-
Waheeda Sultana & 2 Others … Respondents
Mr. Avishek Guha, Learned Counsel for the Appellant Mr. Gaurav Singh, Learned Counsel for Respondent No. 1
Mr. Nirmalya Biswas, Learned Counsel for Respondent No. 2
THE APPELLATE TRIBUNAL :
Learned Counsel for Respondents undertake to file Vakalatnama in course of the day.
Application No. 227 of 2018
This is an application under Section 5 of the Limitation Act for condonation of 8 days delay in filing the appeal.
It is submitted that the delay was not intentional rather was procedural delay.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
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 in filing the appeal.
2
Application No. 227 of 2018 is allowed condoning the delay in filing the appeal.
Learned Counsel for the Appellant is directed to serve copy of the paper book upon the Respondents within a week. sThereafter, Respondents may file opposition within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List on 2nd November, 2022 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2022 02/ac
1 issue framed by the court
Whether the delay in filing the appeal was condonable.
1 provisions across 1 enactments
Bank of Baroda
Waheeda Sultana & 2 Others
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
