This order addressed a delay of 132 days in filing an appeal. The court relied on a Supreme Court decision to condone the delay and permitted the appeal to be taken on file pending hearing on a waiver of deposit application.
Condonation of 132 days' delay in filing appeal; appeal taken on file pending hearing on waiver of deposit.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No.162/2022 (CoD)
In Appeal on Diary No. 327/2022
Between
Mr. Manikchand Dewasi, Proprietor of … Appellant/s M/s. Shree Ganesh Eelectricals & Plywood V/s. Canara Bank & Anr. …Respondent/s
Mr. Rajesh Nagori along with Mr. Tushar Dahibhawkar and Ms. Aarti Suvarna, i/b M/s. Dahibawkar & Co., Advocate for Appellants.
Mr. Anish Sharma a/w Ms. Mittal Parekh, i/b M/s. M. V. Kini & Co., Advocate for Respondent No. 1.
-: Order dated : 13/06/2022 :-
There is delay of 132 days delay in filing the Appeal. The period of delay is squarely covered by decision of Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3/2020. Hence, the delay stands condoned.
The Appeal shall be taken on file by the Registry in case there are no other defects to be cured.
Post on 14.06.2022 for hearing on I.A. No. 163/2022 i.e. waiver of deposit.
Sd/Chairperson
mks-3
1
2 issues framed by the court
Whether the delay of 132 days in filing the appeal warrants condonation under the precedent Suo Motu Writ Petition (C) No. 3/2020.
Whether the appeal should be admitted on the file post the condonation of delay.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Mr. Manikchand Dewasi
M/s. Shree Ganesh Electricals & Plywood
Canara Bank
Anr.
Ashok Menon
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
