In an interim order, the DRAT ib Mumbai condoned a delay of 64 days in filing an appeal by Sangli District Co-op Bank Ltd, holding it squarely fell within the period excluded by a Supreme Court order, allowing the appeal to proceed.
The appeal shall be taken on file with the delay of 64 days condoned.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 238/2022
In Appeal on Diary No. 338/2021
Between
Sangli District Co-op Bank Ltd … Appellant/s V/s.
Bank of India & Ors. …Respondent/s
Mr. Rishabh Shah, along with Ms. Purvi Divecha, Advocate for Appellant.
Mr. Sunil Kadam, Advocate for Respondent No. 1.
-: Order dated: 30/08/2023:-
This is an application for condonation of a delay of 64 days in filing the appeal. The Appellant Bank has impugned the order dated 15.04.2021 in S.A. No. 67/2020 on the files of Debts Recovery Tribunal, Pune, (D.R.T). The Appellant is aggrieved and hence, in appeal.
The delay of 64 days has been explained and the Appellant claims the benefits of the order of Hon’ble Supreme Court in Suo moto Writ Petition No. 3/2020.
The Ld. Counsel appearing for the 1st Respondent has vehemently opposed the application stating that the reasons stated are not sufficient to condone the delay.
On going through the contentions I find that the delay period is starting from 15.04.2021 to 19.07.2021 and this could squarely fall
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within the period excluded by the Hon’ble Supreme Court. Hence, the delay is condoned and the appeal shall be taken on file if there are no other defects to be cured.
Post on 14.09.2023 before the Registrar.
Sd/-
Chairperson
rm-6
2
2 issues framed by the court
Whether the delay of 64 days in filing the appeal can be condoned.
Whether the period falls within the period excluded by the Hon'ble Supreme Court in Suo moto Writ Petition No. 3/2020.
Sangli District Co-op Bank Ltd
Bank of India
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
