Allowed

Ashoka Hawai and Shoes Pvt. Ltd. v. Indian Overseas Bank

DRAT8 Sept 2022REGULAR APPEAL/85/2022

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal considered an application for condonation of a one-day delay by the appellant. The court noted the date of knowledge of the impugned order and allowed the delay under Section 5 of the Limitation Act.

What did the court decide?

Application under Section 5 of the Limitation Act allowed; delay of one day in filing the appeal condoned.

Ashoka Hawai and Shoes Pvt. Ltd. versus Indian Overseas Bank — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal Dy. No. 85 of 2022) (Arising out of R.A. 01 of 2021 in T.S..A. 04 of 2021 in DRT-2, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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08.09.2022	Ashoka Hawai & Shoes P. Ltd. … Appellant
	-Vs- Indian Overseas Bank
	….Respondents
	Mr.Avishek Guha, Learned Counsel with Mr. Nimish Mishra, Learned Counsel and Ms. Ishita Ghosh Learned Counsel for the Appellants
	Mr. Omkar Ganguly, Learned Counsel for the Respondent Bank. Mr. P. Sil, Learned Counsel for the
	Respondent Nos. 3 to 6 and 8.

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THE APPELLATE TRIBUNAL :

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I.A. No. 321 of 2022 Application for substitution of the legal heirs of Respondent No. 7. One of the legal heirs’ son is already Respondent No. 5 in the Appeal. Let notices be issued to the daughter of Respondent No. 7. Affidavit of service be filed within two weeks. Objections if any, by the proposed legal heir may be filed in the meantime.

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IA No. 280 of 2022 an application u/s 5 of the Limitation

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Act for condonation of delay of one day in filing the Appeal. Learned Counsel for the Appellants submits that he was not made a party before the Ld. DRT either in the original proceedings or in the Review proceedings. He came to know about the impugned order only on 11.03.2022 when he received an e- mail message from the Bank regarding the impugned order. Thereafter, he preferred an Appeal within time, alternatively it is submitted that as per the Registry there is a delay of one day which can be condoned.

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Learned Counsel for the Respondent Nos. 3 to 8 opposes the prayer and submits that the Appellant himself has taken a contradictory stand and in one place he submits that there is no delay. It is further submitted that the sale Certificate was registered. Pending proceedings would show that the Appellants were having full knowledge of the pending proceedings. They should have been vigilant enough to pursue the matter. Accordingly, they have no right to claim for condonation of delay.

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Having considered the submissions of the Learned Counsel, I found that the date of knowledge of the impugned order to the Appellant is 11.03.2022 when the Bank sent an e- mail message to the Appellant. Thereafter he preferred an Appeal on 11.04.2022. Appeal should have been filed within 30 days. There is a delay of one day which is liable to be condoned. Accordingly, Application under Section 5 of the Limitation Act is allowed. Delay of one day in filing the appeal is condoned.

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Appeal be registered as regular appeal by providing a number.

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List on 7^th December, 2022. Respondents may file the opposition in four weeks. Rejoinder in two weeks thereafter.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 8^th September, 2022 10/tp

Ashoka Hawai and Shoes Pvt. Ltd. v. Indian Overseas Bank

Case brief

What is this about?

What did the court decide?

Ashoka Hawai and Shoes Pvt. Ltd. v. Indian Overseas Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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