Central Bank of India v. Syed Ahmed Bash
Case brief
What is this about?
This order dismisses an application for condonation of delay in filing an appeal. The Debt Recovery Appellate Tribunal held that the bank's internal delays and officer negligence did not constitute sufficient cause under the Limitation Act.
What did the court decide?
Application for condonation of delay dismissed. Consequently, the underlying appeal is dismissed as time-barred.
What the court decided
Dy. No. 56 of 2019-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 56 of 2019)
(Arising out of S.A. No. 61 of 2013 in DRT –Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
- Central Bank of India, Gandhigram Branch, Visakhapatnam
…Appellants
- -Versus-
- Syed Ahmed Basha, Door No. 24-1895, Flat G.F.-A, Vybhav Apartment, Magunta Layout, Nellore
- Smt. Pilla Yeedi, W/0 Yeedi Suresh Kumar, Door No. 5-136, Chandrapalem, Madhurawada Visakhapatnam
- Sri Yeedi Suresh Kumar S/o Thoteswara Rao, Door No. 5-136, Chandrapalem Madhurawada Visakhapatnam
… Respondent Counsel for the Appellants Mr.Biswajit Bhattacharya, Learned Counsel for the Appellant. Counsel for Respondent None for the Respondent JUDGMENT : On 16th June, 2023
Issues for consideration
2 issues framed by the court
Whether the delay in filing the appeal by the bank can be condoned under Section 5 of the Limitation Act.
Whether the negligence of bank officers in causing delay can constitute a sufficient cause for condonation.
Parties & counsel
- appellant
Central Bank of India
- respondent
Syed Ahmed Basha
- respondent
Smt. Pilla Yeedi
- respondent
Yeedi Suresh Kumar
Coram
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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