The Tribunal allowed an application for condonation of delay in filing an appeal, accepting the explanation regarding counsel's unavailability, and ordered payment of court fees.
Application for condonation of delay allowed subject to payment of Rs. 10,000 to State Legal Service Authority within two weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 72 of 2019)
(Arising out of S.A. 90 of 2014 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 27.6.2022 | J. Ramesh Ji … A -Vs- State Bank of India … Res |
ppellant pondent |
|---|---|---|
| Mr. Neemani Srinivas, Counsel for Appellant |
Learned | |
| Ms. Mehala Kanji, Counsel for Respondent |
Learned |
THE APPELLATE TRIBUNAL :
Application No. 146 of 2019
This is an application for condonation of delay in filing the instant appeal on the ground that the Learned was engaged in his personal work.
Impugned order and judgment was delivered on 23rd January, 2019 but the Appellant applied for the certified copy on 13th February, 2019 which was issued on 14th February, 2019. The appeal should have been filed on 22nd February, 2019 but was filed on 27th March, 2019. The ground taken is that the Appellant contacted his Counsel who was busy with his personal work. Thereafter, when he prepared the draft and after approval; by the Appellant, the appeal was filed on 27th March, 2019.
Learned Counsel for Respondent raised objection that the grounds for delay could not be sufficiently explained.
2
There is a delay of 28 days. The ground taken by Appellant is duly been explained.
Application No. 146 of 2019 is allowed subject to payment of Rs.10,000.00 (Rupees ten thousand) to the State Legal Service Authority within a period of two weeks from date failing which the appeal shall automatically stand dismissed.
Appeal be registered by supplying regular Number. List the matter on 6th September, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th June, 2022 12/ac
1 issue framed by the court
Whether the condonation of delay in filing an appeal against the DRT dateable on 22-Feb-2019 is justified and allowed.
J. Ramesh Ji
State Bank of India
Anil Kumar Srivastava
Ramesh Ji
As recorded by the court registry
7 orders share this CNR
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