The Debt Recovery Appellate Tribunal allowed an appeal filed with a delay of 48 days beyond the Supreme Court's condonation period, directing the appellants to pay a cost of ₹15,000 to the Bar Association as a condition for condonation.
Appeal allowed; appellants directed to pay ₹15,000 to DRT Bar Association within two weeks.
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. 337/2022(CoD) In Appeal on Diary No. 227/2022
Between
Prahladbhai G Raval & Anr … Appellant/s V/s.
Kotak Mahindra Bank Ltd. & Ors. …Respondent/s
Mr Rajan J. Patel, Advocate for Appellants.
Mr Sachin Chandrana, i/b M/s M. K. Ambalal & Co., Advocate for Respondent Bank.
The Appellants are in appeal impugning the order of the Debts Recovery Tribunal-I, Ahmedabad (D.R.T.) in Miscellaneous Application (M.A.) No. 11 of 2020 which was disposed of on 27.02.2020. The Appellants had sought to condone the delay in filing the application before the D.R.T. challenging the order of the Recovery Officer. The Presiding Officer declined to grant any reliefs to the Appellants by condoning the delay relying upon the decision of the Hon’ble Supreme Court in International Asset Reconstruction Company of India vs. Official Liquidator of Aldrich Pharmaceuticals Ltd & Ors. 2017 16 SCC 137 .
1
and applying the decision of the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020. The Appellants are entitled to get that period of delay condoned. By the order of the Hon’ble Supreme Court, the delay only till 28.02.2022 has been condoned so beyond that there is a further delay of 48 days in filing the appeal.
mks-12
2
2 issues framed by the court
Whether the delay of 751 days in filing the appeal is condonable
Whether the remaining delay of 48 days beyond the Supreme Court order can be condoned on terms
Colour shows how this judgement treated each authority
International Asset Reconstruction Company of India vs. Official Liquidator of Aldrich Pharmaceuticals Ltd & OrsDistinguished¶8
International Asset Reconstruction Company of India vs. Official Liquidator of Aldrich Pharmaceuticals Ltd & Ors. 2017 16 SCC 137
Prahladbhai G Raval & Anr
Kotak Mahindra Bank Ltd & Ors
Ashok Menon
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
