Single judge allowed application for condonation of delay in filing appeal as delay was not intentional and due to non-availability of copy of impugned order. Appeal registered as regular appeal.
Application for condonation of delay allowed; appeal registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 61 of 2022)
(Arising out of I.A. No. 726 of 2022 in S.A. No. 74 of 2022 in DRT -2 Kolkata) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 20.09.2022 | CFM Asset Reconstruction Ltd. & Anr … A -Vs- Jagdamba Industries Ltd. |
Pvt. ppellant & Anr |
|---|---|---|
| … Resp | ondents | |
| Mr. D.K. Pathak, Learned | Counsel | |
| Ms. V. Chowkhani, |
Learned | |
| Counsel Mr. R. Bose, | Learned | |
| Counsel for Appellant | ||
| Mr. A.K. Dhandhania, | Learned | |
| Senior Counsel with |
Mr. S. |
|
| Mukherjeeand Ms. S. |
Mishra, | |
| Learned Counsel fo |
r the |
|
| Respondent. |
THE APPELLATE TRIBUNAL :
I.A. No. 241 of 2022 filed under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.
The impugned order was passed on 18th May, 2022. Instant Appeal was filed on 27th July, 2022. Application for copy was moved on 2nd June, 2022 while the copy was ready on 18th June, 2022. It was delivered on 14th July, 2022. There is a delay in filing the appeal. It is submitted that delay was not intentional, rather it was due to the reason that the copy could be obtained with some delay.
2
Having gone through the record, I find the ground to be sufficient. Accordingly, delay in filing the Appeal is condoned. I.A. No. 241 of 2022 is allowed.
Let the Appeal be registered as regular Appeal. Opposition filed by the Respondent is taken on record. Learned Counsel for the Appellant submits that they will not file any rejoinder.
List on 4th November, 2022 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 20th September, 2022 02/tp
1 issue framed by the court
Whether the delay in filing the appeal is condonable under Section 5 of the Limitation Act.
1 provisions across 1 enactments
CFM Asset Reconstruction Ltd. & Anr
Jagdamba Industries Ltd.
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
