The Debts Recovery Appellate Tribunal allowed an application for condonation of delay in filing an appeal due to the COVID-19 pandemic and listed the matter for further proceedings.
Condonation of delay in filing the appeal; Application I.A. No. 446 of 2021 allowed.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 637 of 2021) (Arising out of S.A. No. 75 of 2020 in DRT Visakhapatnam) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
14.09.2022 Mr. K. Sai Prasad … Appellant -VsCity Union Bank Ltd. & ors. ….Respondents Mr. Sreyash Basu Dasgupta, Learned Counsel on behalf of Mr. N. Srinivas, Learned Counsel for the Appellants Mr. Rajiv Maity, Learned Counsel for the Respondent No. 1.
THE APPELLATE TRIBUNAL :
I.A. No. 446 of 2021 an application under Section 5 of Limitation Act for condonation of delay in filing the appeal. It is submitted that the delay was caused due to pandemic Covid 19 situation. Reliance is placed on a judgment of the Hon’ble Apex Court in Suo Motu Case No. 3 of 2020.
Having heard the Learned Counsel I find that the ground taken by the Learned Counsel is sufficient for condoning the delay. Accordingly, I.A. No. 446 of 2021 is allowed. Delay in filing the Appeal is condoned.
Let the Appeal be registered as regular appeal by providing a regular appeal number. Opposition may be filed within four weeks with copy to the appellant.
List on 11th January, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 14th September, 2022 2/tp
2 issues framed by the court
Whether delay in filing appeal due to the pandemic Covid-19 situation can be condoned.
Whether the application under Section 5 of Limitation Act for condonation of delay should be allowed.
1 provisions across 1 enactments
City Union Bank Ltd. & ors.
Anil Kumar Srivastava
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
