This is an interim order in an appeal arising from a DRT case. The Single Bench allowed an application for condonation of delay in filing the appeal due to ministerial work, registered the appeal, and listed it for hearing.
Condonation of delay in filing the appeal allowed; appeal registered and listed for hearing.
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. 123 of 2019)
(Arising out of Diary No. 236 of 2019 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.08.2022 Punjab National Bank … Appellant -VsAnwesha Mishra & Another … Respondents
Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Appellant
None for Respondents
THE APPELLATE TRIBUNAL :
I.A. 426 of 2019
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 delay in filing the appeal against the impugned order dated 10th March, 2019. Due to various ministerial work, there was delay in filing the appeal. I find the ground sufficient for condoning the delay. Accordingly, delay in filing the appeal is condoned.
Application, being I.A. 426 of 2019, is allowed.
Appeal be registered by supplying regular number.
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 15th November, 2022 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 23rd August, 2022 03/ac
1 issue framed by the court
Whether delay in filing the appeal can be condoned under Section 5 of the Limitation Act due to ministerial work.
1 provisions across 1 enactments
Punjab National Bank
Anwesha Mishra
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
