This order condones a 42-day delay in filing an appeal by the appellant due to misplaced papers. The case is listed for hearing. No substantive decision on the appeal merits is made in this text.
Condonation of delay in filing the appeal; matter listed for hearing with timeline for filing opposition and rejoinder.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 93 of 2020)
(Arising out of S.A. 211 of 2019 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
| 25.07.2022 | Andhra Bank … Appellant -Vs- Boddu Ganesh … Respondent |
|---|---|
| Mr. Dipankar Das, Learned Counsel for Appellant |
|
| Mr. Abdul Kadir Usmani, Learned Counsel for the Respondent |
THE APPELLATE TRIBUNAL :
Matter is taken up in the revised list. Service upon Respondent is complete. Record shows in the past Learned Counsel Mr. Abdul Kadir Usmani represented the Respondent but none is present today.
I.A. 54 of 2020
This is an application for condonation of delay of 42 days in filing the appeal.
Heard the Learned Counsel for Appellant and perused the record.
S.A. 211 of 2018 was allowed by Learned DRT on 21st October, 2019. Appeal was filed on 28th January, 2020. It is stated in the application that papers were misplaced in the office of the Learned Counsel. No objection is filed by the Respondent. I find the ground sufficient for condoning the delay.
2
Accordingly, delay in filing the appeal is condoned. The application, being I.A. 54 of 2020 is allowed.
Appeal be registered by supplying regular number.
Opposition be filed within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 15th September, 2022 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 25th July, 2022 02/ac
1 issue framed by the court
Whether the delay of 42 days in filing the appeal could be condoned given a loss of papers in the counsel's office
Andhra Bank
Boddu Ganesh
Anil Kumar Srivastava
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
