The Tribunal allowed a condonation of delay application for filing an appeal by 42 days, relying on the Apex Court judgment in Suo Motu Writ Petition (Civil) No. 3 of 2020, and fixed dates for subsequent pleadings and hearing.
IA No. 404 of 2022 allowed; delay of 42 days condoned.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 542 of 2021)
(Arising out of M.A. No. 19 of 2021 in S.A. No. 333 of 2019 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
08.09.2022
Canara Bank & Anr … Appellant -VsM/s Hero Wirtex Ltd. ….Respondents Ms. Sangeeta Ghosh, Learned Counsel for the Appellants Mr. Nimish Mishra, Learned Counsel Mr. Gaurav Singh, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. 404 of 2021 application for condonation of delay in filing the Appeal. There is a delay of 42 days in filing the Appeal. Learned Counsel for the Appellant has placed reliance on the Judgement of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3 of 2020.
Learned Counsel for the Respondent opposed the Application.
Having considered the submissions of the Learned Counsel for the Appellant, I find that the grounds taken by the Appellant is justifiable. Accordingly, Application being I.A. No. 404 of 2022 is allowed. Delay of 42 days is condoned.
Opposition to Appeal may be filed within a period of three weeks with copy to the Appellant. Objections against the said application should also be filed within two weeks. Thereafter, Appellant may file the rejoinder within two weeks.
List on 6th January, 2023 for hearing of stay application as well as the Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 8th September, 2022 7/tp
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (Civil) No(s) 3 of 2020Relied on¶9
Canara Bank & Anr
M/s Hero Wirtex Ltd.
Anil Kumar Srivastava
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
