The Tribunal allowed an application condoning delay in filing an appeal due to non-intentional reasons. It also granted two weeks to file a supplementary affidavit regarding a waiver from pre-deposit in a related application.
Delay in filing appeal condoned; two weeks time granted to file supplementary affidavit regarding pre-deposit waiver.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 199 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 14.03.2023 | Chaluvadi Srinivasa Rao … Appellant -Vs- Authorised Officer, Edelweiss Asset Reconstruction Company Limited & Another … Respondents |
|---|---|
| Md. Rizwan Alam with Syed Ehtesham Hud, Learned Counsel for Appellant |
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| Mr. Rajeev Maity with Ms. Kuheli | |
| Deb, Learned Counsel for Respondent No. 1 |
THE APPELLATE TRIBUNAL :
I.A. 104 of 2022
Application for condonation of delay in filing the appeal. Impugned order was passed on 29th March, 2022 while appeal was filed on 30th May, 2022. Learned Counsel submits that delay was not intentional and was caused while seeking legal advice.
Learned Counsel for the Respondent No. 1, however, opposed the prayer.
Going through the record and considering the facts and circumstances of the case, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.
The application, being I.A. 104 of 2022, is allowed by condoning the delay in filing the appeal.
2
I.A. 105 of 2022
This is an application filed by Appellant for waiver from making pre deposit.
Learned Counsel prays for and is granted two weeks
time to file supplementary affidavit.
List on 3rd April, 2023 for disposal of I.A. 105 of 2022. No further adjournment shall be granted.
(Anil Kumar Srivastava,J) Chairperson
Dated: 14th March, 2023 05/ac
2 issues framed by the court
Whether the delay in filing the appeal is condonable?
Whether a prayer for waiver of pre-deposit is to be allowed?
Chaluvadi Srinivasa Rao
Authorised Officer, Edelweiss Asset Reconstruction Company Limited
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
