Sun Yarn v. Bank of India
Case brief
What is this about?
The Debt Recovery Appellate Tribunal at Chennai allowed an application to condone a 35-day delay in preferring an appeal. The tribunal noted that the respondent bank did not appear or nominate any advocate to contest the application after receiving notice, and the reasons stated in the affidavit were sufficient.
What did the court decide?
Application for condonation of delay of 35 days in filing appeal is allowed; waiver notice not required as respondent absent.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 505/2021, IA 506/2021
In
A.IR:136/2021
M/S Sun Yarn & 2 Ors
... Appellant
Vs
Bank Of India
... Respondents
01/06/2022
No representation for respondent bank.
This application is filed to condone delay of 35 days in preferring the appeal. Respondent in spite of receiving notice neither appeared in person nor through any advocate to contest this application.
Considering the reasons stated in the affidavit filed in support of the petition, delay is condoned.
Issues for consideration
2 issues framed by the court
Whether the delay of 35 days in filing the appeal should be condoned.
Whether the appellant should be exempted from waiving service since the respondent did not appear.
Parties & counsel
- appellant
M/S Sun Yarn & 2 Ors
- respondent
Bank Of India
Coram
Chairperson
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 331090001362021
- Topic
- Banking and Recovery
All orders in this case
18 orders share this CNR
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