The Tribunal allowed an application for condonation of 91 days delay in filing an appeal in a debt recovery matter, relying on a Supreme Court judgment. The status quo from the High Court is maintained pending disposal.
Condonation of delay in filing the appeal was ordered and the appeal is to be registered.
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. 48 of 2021) (Arising out of S.A. 145 of 2019 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
11.08.2022 Tirupuraneni Mahidhar Chowdhay & Another … Appellants -vsAuthorised Officer, UCO Bank & Another … Respondents Mr. Pratyush Patwari, Learned Counsel for Appellant Mr. Santosh Kumar Ray, Learned Counsel for Respondent Bank
Mr. P. Nanda Kishore with Learned Counsel for Respondent No. 2
THE APPELLATE TRIBUNAL :
I.A. 39 of 2021
This is an application under Section 5 of the Limitation Act for condonation of 91 days delay in filing the appeal. The impugned order was passed on 3rd January, 2020 wherein Writ Petition No. 2705 of 2020 was filed before the Hon’ble High Court of Andhra Pradesh which was decided on 22nd October, 2020 wherein liberty was granted to approach the appropriate appellate forum. Thereafter, appeal was filed on 22nd January, 2021 during the Covid period. Keeping in view the ground taken in the affidavit and placing reliance on the judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated
2
23rd September, 2021, I find the ground sufficient for condoning the delay. Accordingly, the delay in filing the appeal is condoned.
The application, being I.A. 39 of 2021, is allowed by condoning the delay.
Appeal be registered by supplying regular number.
Order of status quo, as passed by the Hon’ble High Court on 22nd October, 2020, shall continue till disposal of the instant appeal.
Affidavit-in-Opposition in appeal be filed within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 11th November, 2022 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 11th August, 2022 01/ac
1 issue framed by the court
Whether the delay of 91 days in filing the appeal should be condoned under Section 5 of the Limitation Act.
Colour shows how this judgement treated each authority
Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020Relied on¶9
1 provisions across 1 enactments
Tirupuraneni Mahidhar Chowdhay & Another
Authorised Officer, UCO Bank & Another
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
