Hinduja Leyland Finance Ltd. and Ors. v. Manoj Kumar
Case brief
What is this about?
The Debts Recovery Appellate Tribunal dismissed an application under Section 5 of the Limitation Act for condonation of delay in filing an appeal. The court held that the appellant failed to show sufficient cause for the delay.
What did the court decide?
Application for condonation of delay dismissed; Appeal held time barred and dismissed.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 554 of 2022
(Arising out of S.A. 300 of 2022 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.09.2023 Hinduja Leyland Finance Limited … Appellant -VsManoj Kumar & Another ... Respondents Mr. Subhankar Chakraborty with Mr. Shounak Chanda and Ms. Sayani Gupta, Learned Counsel for the Appellant Mr. Shaunak Ghosh with Ms. Shreyashi Maity, Learned Counsel for Respondent No. 1
Ms. Saheli Sen with Mr. Manarshi Kumar Roy, Counsel for Respondent No. 2
THE APPELLATE TRIBUNAL :
I.A. 369 of 2022
Application, under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.
Impugned order was passed on 12th April, 2022. As per Appellant the order was communicated to them on 18th April, 2022. Appeal was filed on 27th September, 2022 along with an application under Section 5 of the Limitation Act for condoning the delay of 155 days in filing the appeal.
Issues for consideration
1 issue framed by the court
Whether sufficient cause was shown by the appellant for condoning the delay of 155 days in filing the appeal under Section 5 of the Limitation Act.
Parties & counsel
- appellant
Hinduja Leyland Finance Limited
- respondent
Manoj Kumar
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090005542022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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