The Appellate Tribunal allowed an application for condonation of delay in filing an appeal by the appellant, Union Bank of India, against an impugned order arising out of SARFAESI proceedings.
Delay of 177 days was condoned and Application No. 422 of 2019 was allowed.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 139 of 2019
(Arising out of S.A. 309 of 2012 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
04.08.2022 Union Bank of India … Appellant
-VsN.A. Swami & Others … Respondents
Mr. Dipanjan Datta with Mr. Subhojit Chowdhury, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
Matter is taken up. Mr. Dipanjan Datta appears for Appellant while none appears to represent the Respondent.
Application No. 422 of 2019
This is an application for condonation of delay in filing the appeal. No objection is filed against the application. It is stated in the affidavit that due to ministerial correspondence to obtain approval, delay was caused which was not intentional. Thereafter obtaining the approval case papers were sent to the Counsel. Since there is no objection, I find the ground to be sufficient for condoning the delay. Accordingly, delay for 177 days is condoned.
Application, being Application No. 422 of 2019, is allowed.
Appeal be registered by supplying regular appeal number.
2
Respondents may file opposition in the meantime with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
Fresh notice be served upon Respondents and file Affidavit-of-service within two weeks.
List on 1st November, 2022 for hearing.
Anil Kumar Srivastava,J) Chairperson
Dated: 4th August, 2022 02/ac
1 issue framed by the court
Whether to condone the delay in filing the appeal under Section 27(1) of the SARFAESI Act.
Union Bank of India
N.A. Swami
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
