In an application for condonation of delay, the Appellant filed an appeal against an order by the Debts Recovery Tribunal. The Appellant cited procedural errors involving the disposal of two applications by a common order as the reason for the delay.
The application is allowed and the delay in filing the appeal is condoned.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 155/2023 (CoD)
In
Appeal on Diary No. 450/2021
Between
Hubtown Bus Terminal (Vadodara) Pvt. Ltd. … Appellant/s V/s.
State Bank of India & Anr.
An Advocate for the Appellant is present.
Mr. Pranil Pawar, along with A. Anchal, i/b Mrs. Rathina Maravarman, Advocate for Respondent.
-: Order dated: 17/07/2023:-
I.A. No. 155/2023 is an application for condonation of delay
in filing this appeal. The Appellant challenges the order dated 22.07.2021 in I.A. No. 2360/2020 in O.A. No. 1000/2018 on the files of Debts Recovery Tribunal-II, Ahmadbad (D.R.T). A delay of 8 days has occurred in the process of filing this appeal.
The reasons stated for the delay are that two applications were disposed of by common order and that a single appeal was filed but the office raised an objection in consequence of that, two separate appeals have been filed for which a certified copy of the order was to be obtained, and hence, the delay.
The Ld. Counsel appearing for the 1st Respondent has opposed the application stating that there is no sufficient ground for condoning the delay but on going through the application and
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accompanying affidavit from hearing the rival contentions, I find that there is no reason for declining to grant the condonation of delay in filing the appeal. Consequently, the application is allowed, and the delay in filing the appeal is condoned.
The Appeal shall be taken on file if there are no other defects to be cured.
Post on 02.08.2023 before Registrar.
Sd/-
Chairperson
rm-13
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2 issues framed by the court
Whether a delay of eight days in filing an appeal justifies condonation of delay.
Whether the reasons provided for the delay (single appeal treated as two) are sufficient grounds for condonation.
Hubtown Bus Terminal (Vadodara) Pvt. Ltd.
State Bank of India & Anr.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
