The Debts Recovery Appellate Tribunal entertained an appeal against an order delaying restitution. It condensed the 25-day delay after the application for condonation of delay was directed to pay costs and purchase books within a week.
Delay in filing the appeal was condoned on payment of ₹5,000 to the Respondent and ₹5,000 to DRT Bar Association Mumbai within one week.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 102/2023 (CoD) In Appeal on Diary No. 183/2023
Between
M/s M. P. Enterprises & Ors. … Appellant/s V/s.
HDFC Bank Ltd.
…Respondent/s
Ms Sanjana Ghogare, Advocate for Appellants. Ms. Hema Desai, Advocate for Respondent Bank.
-: Order dated: 17/02/2023:-
The matter is taken up for hearing by way of praecipe filed by the Appellants seeking urgent relief.
1
ground for condoning the delay.
Considering the facts and circumstances of this case, I find that the Appellant will have to be given an opportunity to contest the appeal on merits and therefore, the delay is condoned on payment of cost ₹5,000/- to the Respondent and ₹5000/- DRT Bar Association Mumbai for the purchase of books and periodicals within a period of one week, failing which, the application shall stand dismissed. Post on 24.03.2023 before the Registrar for reporting compliance of cost.
Sd/Chairperson
mks-6
2
2 issues framed by the court
Whether the delay of 25 days in filing the appeal calling for condonation thereof should be condoned.
Whether the appellants being laymen constitute a valid ground for condoning the delay.
M/s M. P. Enterprises & Ors.
HDFC Bank Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
