The tribunal allowed an application for condonation of seven days delay in filing an appeal. It also issued an interim order to effect service upon a specific respondent and list the matter for subsequent proceedings.
Condonation of seven days delay in filing the appeal allowed; service upon Respondent No. 3 directed.
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
(Diary No. 197 of 2019)
(Arising out of S.A. 51 of 2018 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.6.2022 K. Lakshma Reddy … Appellants -VsBank of Baroda … Respondent
Mr. P. Nanda Kishore, Learned Counsel for Appellant
Mr. Subhojit Chowdhury, led by Mr. Dipanjan Datta, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 197 of 2019
In this application Appellants have prayed for condonation of seven days delay in filing the appeal.
Learned Counsel for the Respondent, however, opposes by stating that no good ground has been taken for condoning the delay.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay of seven days.
The application, being I.A. 197 of 2019, is allowed by condoning the delay.
I.A. 510 of 2019
This is a waiver application. Objection, if any be filed by Respondent in the meantime.
Respondent No. 3 has not been served. Service upon Respondent No. 3 be effected and Affidavit-of-service to that effect be filed by the Appellants on the next date. List the matter on 19th July, 2022 alongwith I.A. 510 of 2019.
(Anil Kumar Srivastava,J) Chairperson
Dated: 15th June, 2022 03/ac
2 issues framed by the court
Whether the delay in filing the appeal is sufficient to be condoned.
Whether service should be effected upon Respondent No. 3.
K. Lakshma Reddy
Bank of Baroda
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
