Shri Nivrutti Namdev Wagh v. Ravindra Sakharam Nagre
Case brief
What is this about?
The Appeal Tribunal allowed a delayed chamber appeal filed after 369 days, attributing the delay to the pandemic. The appellant was directed to pay Rs. 5000 to the D.R.T. Bar Association and cure defects within two weeks.
What did the court decide?
Chamber appeal allowed on payment of cost of Rs. 5000 to D.R.T. Bar Association and direction to cure defects within two weeks.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 21/2021(CoD) In Appeal on Diary No. 56/2021
Between
Shri Nivrutti Namdev Wagh … Appellant/s V/s. Ravindra Sakharam Nagre & Ors. …Respondent/s
Ms. Sonali Jain, Advocate for the Appellant.
-: Order dated: 29/07/2022:-
- The Appeal was filed by the Appellant but some defects pointed out by the Registry were to be cured. Despite several adjournments from 19.02.2019 onwards, the Appellant did not cure those defects. Resultantly, the filing of Appeal was rejected by the Ld. Registrar on 30.01.2020. The Appellant has thereafter come up with a Chamber Appeal with the delay of 369 days and submitted that because of the pandemic the Counsel for the Appellant could not attend the Court regularly as a result of which there was a delay in filing the Appeal. The date of order on 30.01.2020 and this Appeal is filed only on 17.02.2021. The Ld. Counsel submits that for most of the period there was a lockdown as a result of the pandemic and therefore, it could not facilitate the counsel to appear before the Tribunal.
- Upon going through the application and accompanying affidavit, Iam satisfied the delay is properly explained but since there
Parties & counsel
- appellant
Shri Nivrutti Namdev Wagh
- respondent
Ravindra Sakharam Nagre & Ors.
Coram
Ashok Menon
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 271090000562021
- Bench
- Ashok Menon
All orders in this case
3 orders share this CNR
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