The DRAT allowed an application for condonation of delay in filing an appeal under Section 5 of the Limitation Act, finding the ground for condonation sufficient and ordering the opposition to be taken on record.
IA 52 of 2020 allowed; opposition taken on record; appeal to be registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 90 of 2020)
(Arising out of T.A. 214 of 2001 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
26.07.2022 Union Bank of India … Appellant -VsAshok Kumar Kanungo & 5 Others … Respondents Mr. Debasish Chakrabarti with Ms. Anindita Das, Learned Counsel for Appellant
Mr. Nemani Srinivas, Learned Counsel for the Respondents No. 2 and 3
THE APPELLATE TRIBUNAL :
I.A. 52 of 2020
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal on the ground of miscellaneous process they had to pass through in preparing the appeal.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay. Delay in filing the appeal is thus condoned.
Application being I.A. 52 of 2020, is allowed.
Opposition filed by Respondents No. 2 and 3; taken on record.
Appeal be registered by supplying regular Appeal Number.
List tomorrow, i.e. on 27th July, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 26th July, 2022 02/ac
1 issue framed by the court
Whether the delay in filing the appeal under Section 5 of the Limitation Act ought to be condoned.
1 provisions across 1 enactments
Union Bank of India
Ashok Kumar Kanungo
5 Others
Anil Kumar Srivastava
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
