The Debt Recovery Appellate Tribunal at Kolkata condoned the delay in filing an appeal under Section 5 of the Limitation Act, accepting the pandemic situation as a sufficient ground for condonation, and directed registration of the appeal.
I.A. No. 358 of 2020 is allowed; delay in filing the Appeal is condoned; Appeal to be registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 638 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 Mrs. Y.Anusha … 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. 358 of 2020 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. 358 of 2020 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 3/tp
1 issue framed by the court
Whether the delay in filing the appeal caused by the pandemic Covid-19 situation should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Mrs. Y.Anusha
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
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