The tribunal allowed an interim application for substituted service and granted condonation of delay in filing an appeal, imposing a cost of ₹5,000 on the appellant for the delay.
Condonation of 61 days' delay; Appellant directed to deposit ₹5,000 for DRT-Bar Association expenses.
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. 668/2023
And
M.A. No. 466/2014
In
Misc. Appeal No. 60/2014
Between
Bank of Baroda … Appellant/s
V/s.
Official Liquidator of M/s. Gujarat Optical …Respondent/s Communication Ltd. & Ors
Mr. Nilesh Bamne, i/b M/s. A.R. Bamne & Co., Advocate for Appellant.
Mr. Prashant Pandit along with Mr. Jay Pandit, Advocate for Respondents.
-: Order dated: 05/10/2023:-
Interim Application (I.A.) No. 668/2023 in Misc. Appeal No. 60/2014 is an application for affecting notice by substituted services on the Respondent Nos. 2 to 5.
1
that the reason stated is not sufficient. On going through the application, I find that the delay has been properly explained. But since there is a delay of 61 days, the Appellant needs to be put to some cost. Therefore, the Appellant is directed to deposit a sum of ₹5000/- to the D.R.T., Bar Associations, Mumbai for purchasing books and periodicals.
Sd/Chairperson
psa-17
2
2 issues framed by the court
Whether the application for condonation of 61 days delay in filing the appeal may be allowed.
Whether any cost needs to be imposed on the appellant due to the delay.
Bank of Baroda
Official Liquidator of M/s. Gujarat Optical Communication Ltd. & Ors
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
