Central Bank of India v. Smt Mona Yadav and Ors.
Case brief
What is this about?
Allowed condonation of delay in an appeal filed by Central Bank of India against a decree, relying on the Supreme Court's延伸至 limitation period in a suo motu writ petition due to the pandemic. The merits were to be heard subsequently, and judgment was reserved.
What did the court decide?
Condonation of delay in filing the appeal allowed.
What the court decided
Appeal Dy. No. 238/2020 Date: 27.01.2023
Central Bank of India Vs. Smt. Mona Yadav and Ors.
Present: Shri Himanshu Tiwari, counsel for the appellant, Shri V. K. Shukla, counsel for the respondent-borrower, Shri Kushal kant along with Shri R.K.S. Chauhan, counsel for the respondent-Auction Purchaser,
Heard the learned counsels for the parties on the application for condonation of delay.
Learned counsel for the appellant submits that the Hon’ble Supreme Court vide its order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No. 3 of 2020 has extended the period of limitation due to pandemic of Covid-19, therefore, there is no delay in filing the present appeal.
In view of the judgment of the Hon’ble Apex Court as referred to above, the application for condonation of delay is allowed and the delay in filing the present appeal is condoned.
Heard the learned counsels for the parties on merits of the case today also.
Judgment reserved.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether an extension of limitation period in a Supreme Court writ petition due to the pandemic justifies condonation of delay in filing the appeal.
Whether the application for condonation of delay should be allowed.
Parties & counsel
- appellant
Central Bank of India
- respondent
Smt. Mona Yadav
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 091090002382020
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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