The Appellate Tribunal allowed I.A. 163 of 2020, condoning the delay in filing the appeal by Indian Bank. The delay resulted from internal procedural steps and the suspension of office operations due to the COVID-19 pandemic.
The application for condonation of delay was allowed; the appeal was listed for hearing.
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. 281 of 2020)
(Arising out of S.A. 85 of 2017 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2022 Indian Bank … Appellant -VsSri Bheemavarapu Nagireddy & 4 Others … Respondents
Mr. Debasish Saha, Learned Counsel for the Appellant
Ms. Swarnali Dutta, Learned Counsel representing Mr. G. Punna Reddy, Learned Counsel for Respondent No. 1
Mr. S.B. Dasgupta, Learned Counsel representing Mr. Nemani Srinivas, Learned Counsel for Respondent No. 3
THE APPELLATE TRIBUNAL :
I.A. 163 of 2020
In this application Appellants have prayed for condonation of delay in filing the Appeal. Impugned order was passed on 31st December, 2019 and the appeal was filed on 14th July, 2020.
It is submitted that delay was not intentional rather it was procedural delay. The impugned order was sent to the Circle Office of the Bank who on 13th January, 2020 conveyed the decision to the Branch Manager for taking necessary steps for preferring an appeal. Thereafter the Senior Manager of the Branch Office of the Appellant Bank on 17th January, 2020 collected the entire case papers from the Learned Counsel conducting the case before the Learned DRT, Visakhapatnam which was forwarded to the Learned Counsel at Kolkata. Learned Counsel at Kolkata forwarded the draft of Memo of
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Appeal on 5th February, 2020 for approval which, after approval, was returned back to Learned Counsel at Kolkata on 25th February, 2020 through postal service which was received by the office of the Learned Counsel on 25th February, 2020. Learned Counsel thereafter finalized the Memo of Appeal and dispatched the same on 2nd March, 2020 to the Governorpet Branch of the Appellant Bank which was retuned back after attestation of annexure to the office of the Learned Counsel at Kolkata on 17th March, 2020, which was received by them on 17th March, 2020. Thereafter since 23rd March, 2020 due to Covid-19 pandemic the office of the Learned Counsel remained closed. On opening of the office the appeal was filed.
Learned Counsel for the Respondent, however, opposed 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 in filing the appeal.
The application, being I.A. 163 of 2020, is allowed by condoning the delay.
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 January, 2023 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2022 04/ac
1 issue framed by the court
Whether the delay in filing the appeal attributable to bank clerical procedures and the COVID-19 pandemic should be condoned.
INDIAN BANK
BHEEMAVARAPU NAGIREDDY & 4 OTHERS
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
