The bench condoned a two-day delay in filing an appeal under Section 30 of the RDB Act by the appellants. The matter was post-poned to 07.11.2023 before the registrar, pending examination for any other defects.
Delay of two days in filing the appeal was condoned; matter reserved for further proceedings.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 718/2023(CoD)
In Appeal on Diary No. 1846/2022 Between
Rupesh Nandkumar Nadkar & Anr. … Appellant/s V/s. IDBI Bank Ltd & Ors. …Respondent/s Mr. Ayush Kothari, i/b Mr. Raj Dani, Advocate for the Appellant Bank.
-: Order dated: 30/10/2023:-
The matter is taken up for hearing by way of a praecipe filed by the appellants for seeking urgent relief.
The Appellants have come up on appeal impugning the order dated 05.09.2023 in Appeal No. 5/2022 on the files of Debts Recovery Tribunal-III, Mumbai (D.R.T) which is an appeal filed U/s 30 of the RDB Act.
There is a delay of 2 days in filing the Appeal. The Appellant seeks to condone the delay. The reasons for the delay have been explained in the application. The contesting Respondent No. 1 and 3 has been served but none appear.
Respondent No. 2 is the borrower who has not been appearing and hence, the delay of two days stands condoned. The Appeal shall be taken on file if there are no other defects to be cured.
Post on 07.11.2023 before the Registrar.
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2 issues framed by the court
Whether the delay of two days in filing the appeal under Section 30 of the RDB Act should be condoned.
Whether the appeal filed by the appellants against the order dated 05.09.2023 should be taken on file despite the delay.
Rupesh Nandkumar Nadkar
IDBI Bank Ltd
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
