This single-judge order condones a 790-day delay in filing an appeal under the SARFAESI Act. The court relied on the Supreme Court's decision regarding pandemic-related time extensions and directed the appeal to be placed on file.
IA No. 324/2023 for condonation of delay is allowed. Impugned order is directed to be taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 324/2023 (CoD)
In Appeal on Diary 292/2022
Between
Pareshbhai Virjibhai Bhaliya & Anr. … Appellant/s V/s.
The Authorized Officer, …Respondent/s Bank of Baroda & Ors.
Mr. Gopal N., i/b M/s. SL Partners, Advocate for Appellants.
Mr. Nilesh Bamne, i/b M/s. A.R. Bamne & Co., Advocate for Respondent No.1
Mr. Shubham Dubey, Advocate for Respondent No. 6 & 7
-: Order dated: 26/06/2023:-
The Appellants are in Appeal impugning the order dated 01.02.2020 in Securitization Application (S.A.) No. 382/2018 on the files of Debts Recovery Tribunal –II, Ahmedabad (D.R.T.). The Appeal was filed only on 02.05.2022 with a delay of 790 days. The Appellants have therefore filed I.A. No. 324/2023 for condonation of delay. It is stated that the Appeal was disposed of during the Covid Pandemic therefore, the Appellants are entitled to benefit from the decision of the Hon’ble Supreme Court of India granting an extension of time to file the Appeal out of time.
1
Appeal is directed to be taken on file if there are no other defects to be cured.
Post on 10.07.2023 before the Registrar.
Sd/Chairperson
psa-11
2
1 issue framed by the court
Whether the delay of 790 days in filing the appeal is condonable under the circumstances including the Covid Pandemic.
Pareshbhai Virjibhai Bhaliya & Anr.
The Authorized Officer
Bank of Baroda & Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
