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Bank of Baroda versus Rrk Properties — Banking and Recovery | DRAT (2023)

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DRAT
2023
Bank of Baroda versus Rrk PropertiesBank of Baroda v. Rrk Properties

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Bank of Baroda v. Rrk Properties

DRAT9 Nov 2023IA/77/2023

Case brief

AI extract

What is this about?

The DRAT ordered condonation of a 250-day delay in filing an appeal against an Ahmadabad DRAT order, allowing the time spent in the Gujarat High Court as bonafide under Section 14 of the Limitation Act. The appellant was directed to surrender the previously stayed property.

What did the court decide?

Delay in filing appeal condoned; Appellant directed to surrender possession of stayed property pending appeal filing.

What the court decided

AI extract

Outcome

Delay in filing appeal condoned; Appellant directed to surrender possession of stayed property pending appeal filing.

Issue for consideration

Whether the Apps need to approach the High Court before the DRAT for condonation of delay +2 more

Detailed headnote1 paragraphs

The Appellant's I.A. for condonation of delay is allowed even though a prior High Court petition was pending, as the delay was bonafide. The period spent in the High Court is excluded under S. 14 of the Limitation Act. The Appellant is directed to surrender possession of the stayed property while the appeal remains posted.

A compact analysis

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.

A

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

I.A. No.77/2023 (CoD) In

Appeal on Diary No. 805/2022

Between

Bank of Baroda … Appellant/s V/s.

RRK Properties & Ors.

…Respondent/s

Ms. Rathina Maravarman, along with Ms. Shama Shaikh, Advocate for Appellant.

-: Order dated: 09/11/2023:-

The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.

This is an application for condonation of 250 days delay in filing the appeal impugning the order of the Debts Recovery Tribunal-II, Ahmadabad (D.R.T) in Original Application(O.A.) No. 570/2015 which was disposed of on 17.11.2021.

The Appellant had prior to filing this appeal approached the Hon’ble High Court of Gujarat by filing Special Civil Application No. 19098/2021 for at that time the DRAT was not manned, and a stay was also granted to the Appellant. Subsequently, vide order dated 21.07.2022 the Civil Application was disposed of with a direction to approach DRAT.

It was also clarified that the time spent on prosecuting the Petition before the Hon’ble High Court was bonafide, suggesting thereby that the Appellant would be entitled to get the period

1

excluded u/s. 14 of the Limitation Act. The Respondents have been served but none appear.

Hence, the application for condonation of delay is allowed and delay is condoned. The Appeal shall be taken on file if there are no other defects to be cured. 6. The Appellant has been directed to surrender possession of the property which was stayed by the Hon’ble High Court. The stay shall continue until the appeal is taken on file and posted for hearing before the bench.

Post on 24.11.2023 before Registrar.

Sd/Chairperson

rm-3

2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the Apps need to approach the High Court before the DRAT for condonation of delay
2.
Whether the period spent for obtaining the stay from the High Court wzd admissible for condonation of delay
3.
Whether the stay granted by the HC needs to be lifted to proceed with the appeal

Parties & counsel

AI extract

appellant
Bank of Baroda
respondent
RRK Properties

Coram

AI extract

Ashok Menon

Case details

As recorded by the court registry

Court: DRAT
Decided on: 9 Nov 2023 · November
Case no.: IA/77/2023
CNR: 271090000572023
Topic: Banking and Recovery
Bench: Ashok Menon

All orders in this case

4 orders share this CNR

24 May 2023Order 1 · Sri. P.w.gorakh
21 Jun 2023Order 2 · Sri. P.w.gorakh
25 Aug 2023Order 3 · Nishad Fazil F
9 Nov 2023Order 4 — this page · Ashok Menon

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Cite this judgement

Bank of Baroda v. Rrk Properties, IA/77/2023 (DRAT), decided on 9 November 2023.

The Debt Recovery Appellate Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ashok Menon

Parties & counsel