The Appellate Tribunal condoned a 91-day delay in filing an appeal by Punjab National Bank, relying on a Supreme Court judgment exempting delays caused by the Covid-19 pandemic. The application was allowed, and the appeal was directed to be registered.
Delay condoned; appeal to be registered with regular number.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 272 of 2020)
(Arising out of S.A. 173 of 2019 in DRT-2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.08.2022 Authorised Officer, Punjab National Bank & Another … Appellants -VsM/s. Saha Enterprises & 3 Others … Respondents Mr. Pankaj Kumar Mukherjee, Learned Counsel for Appellants None for Respondents
THE APPELLATE TRIBUNAL :
I.A. 157 of 2020
Heard Learned Counsel for the Appellant. Despite service Respondents are not present.
This is an application under Section 5 of the Limitation Act for condonation of 91 days delay in filing the appeal on the ground that due to Covid-19 pandemic the appeal could not be filed within the limitation period. Reliance is placed on a judgment of the Hon’ble Apex Court dated 23rd March, 2020 wherein exemption was granted in case of limitation due to covid pandemic. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay. Accordingly, delay in filing the appeal is condoned.
Application, being I.A. 157 of 2020, is allowed.
Appeal be registered by supplying regular number.
2
Issue fresh notice upon the Respondents and file Affidavit-of-service before the next date of listing.
Opposition, if any, be filed within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 7th November, 2022 for hearing of the appeal along with the stay application, being I.A. 158 of 2020.
(Anil Kumar Srivastava,J) Chairperson
Dated: 23rd August, 2022 01/ac
1 issue framed by the court
Whether the delay in filing appeal by 91 days due to the Covid-19 pandemic should be condoned under Section 5 of the Limitation Act?
Colour shows how this judgement treated each authority
Hon'ble Apex Court dated 23rd March, 2020Referred¶9
1 provisions across 1 enactments
Punjab National Bank
M/s. Saha Enterprises
3 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
