The Debt Recovery Appellate Tribunal in Kolkata allowed the application for condonation of delay of 54 days in filing the appeal by IDBI Bank, citing the Covid pandemic. The appeal was registered as regular.
The application under Section 5 of the Limitation Act is allowed; delay is condoned; appeal is registered as regular.
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
(Dairy No. 397 of 2021)
(Arising out of SA/281 of 2016 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.07.2022 IDBI Bank & Others. … Appellant -VsNabin Ch. Patra & Another … Respondent Mr. Rajeev Maity, Learned Counsel for the Appellant.
Mr. P. Pal, along with Mr. A. keshari Learned Counsel for the Respondent.
THE APPELLATE TRIBUNAL :
IA No.303 of 2021
Application has filed under Section 5 of the Limitation Act, for condone the delay of 54 days in filing. Due to Covid pandemic appeal could not be filed in time.
Learned Counsel for the Respondent submits that ground is not sufficient. After hearing both the parties, I found that ground is sufficient. Accordingly application under Section 5 of the Limitation Act being IA No.303 of 2021 is allowed and delay in filing the appeal is condoned. Let appeal be registered as a regular appeal.
Respondent may file opposition within a period of 4 weeks with advance copy to the appellant who may file rejoinder within 2 weeks thereafter.
List on 1st Septermer,2022 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 13th July, 2022 03/rc
2 issues framed by the court
Whether the delay of 54 days in filing the appeal can be condoned under Section 5 of the Limitation Act due to the Covid pandemic.
Whether the appellant is entitled to have the appeal registered as a regular appeal after condonation of delay.
1 provisions across 1 enactments
IDBI Bank & Others
Nabin Ch. Patra & Another
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
