The Appeal Tribunal allowed an interim application for condonation of delay in filing an appeal, relying on a Supreme Court order regarding the impact of the pandemic on limitation periods.
I.A. No.234 of 2021 is allowed; appeal registered as regular appeal; matter listed for hearing on 23/09/2022.
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: KOLKATA CAMP COURT AT DRT, CUTTACK Diary No.296 of 2021 (Arising out of MA No.2365 of 2019 in SA No.73 of 2017 in DRTCuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
05.09.2022 A.O., Odisha Gramya Bank & another
…. Appellants
-Vrs.-
Mrs. Nibedita Pati & Others.
…. Respondents Mr. Tuna Sahu, Learned Counsel for the Appellants Ms. Mitalee Jesthi, Learned Counsel for the Respondents No.1 and 2
THE APPELLATE TRIBUNAL:
Learned Counsel Shri Tuna Sahu, for the appellants present. Learned Counsel Ms. Mitalee Jesthi for the Respondents No.1 and 2 present.
I.A. No.234 of 2021 filed for condonation of delay under Section 5 of the Limitation Act in filing appeal. Learned Counsel for the appellants submit that the order in MA No.2365 of 2019 was passed on 23/12/2020 while the appeal was preferred on 31/03/2021. Learned Counsel for the appellants placed reliance upon the order of Hon’ble Apex Court passed in Suo-moto writ petition (Civil) No.03/2020 wherein the Hon’ble Apex Court has condoned the delay in filing appeal in case the period exists between the period of Covid-19.
In view of the judgment of the Hon’ble Apex Court passed in Suo-moto writ petition (Civil) No.03/2020 delay in filing the
instant appeal is herby condoned. Accordingly I.A. no.234 of 2021 is allowed.
Let the appeal be registered as regular appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated:5th September, 2022
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL: KOLKATA CAMP COURT AT DRT, CUTTACK
Diary No.296 of 2021
(Arising out of MA No.2365 of 2019 in SA No.73 of 2017 in DRTCuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
05.09.2022
A.O., Odisha Gramya Bank & another
…. Appellants
-Vrs.-
Mrs. Nibedita Pati & Others.
…. Respondents Mr. Tuna Sahu, Learned Counsel for the
Appellants Ms. Mitalee Jesthi, Learned Counsel for the Respondents No.1 and 2
THE APPELLATE TRIBUNAL:
Learned Counsel Shri Tuna Sahu, for the appellants present. Learned Counsel Ms. Mitalee Jesthi for the Respondents No.1 and 2 present. None present for the other Respondents though notices are served. Opposition is already on record. Rejoinder, if any, be filed within two weeks.
List the matter on 23/09/2022 for hearing of appeal at Kolkata.
(Anil Kumar Srivastava, J) Chairperson
Dated:5th September, 2022
1 issue framed by the court
Whether the condonation of delay in filing the appeal is permissible under Section 5 of the Limitation Act considering the Supreme Court's order in Suo-moto writ petition (Civil) No.03/2020.
Colour shows how this judgement treated each authority
Supreme Court OrderReferred¶10
Suo-moto writ petition (Civil) No.03/2020
1 provisions across 1 enactments
A.O., Odisha Gramya Bank & another
Mrs. Nibedita Pati
Others
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
