This order deals with a belated appeal against a DRT dismissal. The bench allowed condonation of a 32-day delay, deeming it insignificant, and took the appeal on record.
Condonation of 32-day delay in filing appeal and taking the appeal on file.
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. 460/2023 (CoD) In Appeal on Diary No. 797/2023
Between
Bharati Surendra Khandhar … Appellant/s V/s.
State Bank of India &Ors. …Respondent/s
Mr. Chirag Mody, along with Mr Yogesh Deshpande,i/b M/s YKD & Associates, Advocate for Appellant.
Ms. Saraswati Rajpurohit, along with Mr Charles D’souza, Advocate for Respondent Bank.
-: Order dated: 28/07/2023:-
The Appellant is in appeal impugning the dismissal of S.A. No. 189/2021 on the files of Debts Recovery Tribunal-II, Mumbai (D.R.T) dismissing the S.A. The Appellant is aggrieved and hence in appeal. The impugned order is dated 17.03.2023 and the appeal was filed only on 19.05.2022 with a delay of 32 days. The Appellant seeks to condone the delay stating that the delay was caused by getting to know about the order and the filing of the appeal.
The Respondent No. 1 bank has filed a reply opposing the application for condonation stating that the reasons stated in the application are not sufficient and cannot be accepted.
After having heard the rival contentions, I am of the opinion that the delay is only 32 days and hence needs to be condoned.
The application is allowed and the appeal shall be taken on file
1
if there are no other defects to be cured.
Sd/Chairperson
Post on 09.08.2023 before Registrar.
rm-2
2
1 issue framed by the court
Whether a 32-day delay in filing an appeal under Section 17 of the SARFAESI Act (implied by DRT context) requires condonation.
Bharati Surendra Khandhar
State Bank of India
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
