Allowed

Sicom Ltd. v. Official Liquidator of Aqua Logistics Ltd.

DRAT10 Mar 2023IA/133/2023

Case brief

AI extract

What is this about?

The Chairperson allowed the appellant's application for condonation of 54-day delay in filing an appeal against an impugned order in a DRT case, finding the delay explained by public sector formalities. The application is allowed subject to payment of ₹5,000 to the DRT Bar Association within one week.

What did the court decide?

Application for condonation of delay and subsequent appeal allowed subject to payment of ₹5,000 to DRT Bar Association within one week.

Sicom Ltd. versus Official Liquidator of Aqua Logistics Ltd. — Company and Corporate | DRAT (2023)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson

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I.A. No. 133/2023 (CoD) In Appeal on Diary No. 1285/2022

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Between

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SICOM Ltd.

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V/s. Official Liquidator of Aqua Logistics Ltd. & Ors. …Respondent/s Mr. Rajesh Nagory, Advocate for Appellant. Mr. Sujeet Kurup, Advocate for Official Liquidator.

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The Appellant is the Original Applicant in O.A. No. 291/2017 on the files of the Debts Recovery Tribunal-II, Mumbai (D.R.T.). The said O.A. was dismissed vide order dated 22.09.2022 for not filing CAOD on time and the Ld. Presiding Officer declined to grant a further adjournment. The Appellant has filed this appeal with a delay of 54 days on 24.11.2022. The reason for the delay has been stated in the application and an accompanying affidavit stating that the Appellant is a Public Sector Organization because of the formalities that were required for granting sanction to file an appeal and challenge the order, some delay was caused.

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The Respondent has vehemently opposed the application for condoning the delay in filing the appeal.

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After having heard both sides and also after going through the impugned order, I find that the Appellant has a meritorious case and the delay stands sufficiently explained and therefore, I find that no 1

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reason to decline the application for condoning the delay. Since the O.A. is filed in the year 2012 in D.R.T.-I, Mumbai and then transferred to D.R.T. –II, Mumbai and re-filed in 2017, the application for condonation of delay can be allowed only on put terms. Hence, the application is allowed, subject to payment of the cost of ₹5,000/- to the DRT Bar Association, Mumbai for the purchase of books and periodicals within a period of one week, failing which, the application shall stand dismissed.

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In case the cost is paid within time, the appeal shall be taken on filed and posted before the Tribunal.

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Post on 20.03.2023 before the Registrar for compliance regarding cost.

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Sd/Chairperson

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mks-19

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Sicom Ltd. v. Official Liquidator of Aqua Logistics Ltd.

Case brief

What is this about?

What did the court decide?

Sicom Ltd. v. Official Liquidator of Aqua Logistics Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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