This order grants an application seeking condonation of delay in filing an appeal attributed to the Covid-19 pandemic, citing an Apex Court judgment as reliance. The Alternative Intervention was permitted to file opposition.
Application I.A. 160 of 2022 is allowed; appeal is to be registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 276 of 2020)
(Arising out of S.A. 37 of 2018 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
26.08.2022 Bank of Baroda & Others … Appellants -VsTarak Nath Das & Others … Respondents Mr. Pankaj Kumar Mukherjee, Learned Counsel for Appellants/ Bank of Baroda Ms. Aparna Das, Learned Counsel for Respondent No. 1 Mr. Rahul Poddar, Learned Counsel for Respondent No. 2 Mr. A. K. Dhandhania with Mr. Soumo Mukherjee, Learned Counsel for the Intervenor
THE APPELLATE TRIBUNAL :
I.A. 160 of 2022
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 in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Application, being I.A. 160 of 2022, is allowed.
Appeal be registered by supplying regular number.
2
Appellant as well as Respondents are at liberty to file opposition against the application filed today be the Intervenor within two weeks with advance copy to the Intervenor. Rejoinder, if any, be filed within two weeks thereafter.
Copy of the application be served upon the Appellant as well as the Respondents.
List on 20th September, 2022 for disposal of the Intervenor’s application.
(Anil Kumar Srivastava,J) Chairperson
Dated:26th August, 2022
22/ac
1 issue framed by the court
Whether the delay of 91 days in filing the appeal can be condoned due to the Covid-19 pandemic 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 2020 dated 23rd September, 2021Referred¶9
1 provisions across 1 enactments
Bank of Baroda & Others
Tarak Nath Das & Others
Anil Kumar Srivastava
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
