The DRTA allowed an application for condonation of a 18-day delay in filing an appeal. While rejecting the appellant's reasons as unacceptable, the court allowed the condonation on terms of payment of costs to the Bar Association.
Condonation of 18-day delay by imposing a cost of ₹10,000 to D.R.T. Bar Association, Mumbai to be paid within a week.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 105/2023 (CoD) In
Appeal on Diary No. 138/2023
Between
Ajit B Kerkar … Appellant/s V/s.
Yes Bank Ltd. Anr. …Respondent/s
Mr Pallavi Kulkarni, i/b Mr Ashok M Sarogi, Advocate for Appellant. Mr Sidharth Samantaray along with Mr Priyansh Jain, i/b M/s. Apex Law Partners, Advocate for the proposed Respondent No.1. Ms Shruti Singhi, i/b Mr Akash Menon, Advocate for Respondent No.2.
-: Order dated: 09/06/2023:-
The application is filed for condonation of a delay of 18 days in filing the appeal. The impugned order is dated 18.11.2022 and the appeal is filed only on 20.01.2023. The reason for the delay is attributed to the Appellant’s ill health stating that he is aged and was not doing well. The second reason is that the counsel was not available because of the winter vacation and hence, delay in filing the appeal.
1
and hence, seek dismissal of the application for condonation of delay.
Sd/Chairperson
mks-10
2
1 issue framed by the court
Whether the reasons for a 18-day delay in filing the appeal under Section 29 of the NDPS Act or Section 188 of the CrPC are sufficient to condone the same and on what terms.
Ajit B Kerkar
Yes Bank Ltd.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
