The Appellant sought condonation of a 914-day delay in restoring a dismissed appeal. Rejection was ordered due to unreasonable, unexplained delay and lack of vigilance, as it would be unjust to opposite parties.
The application for condonation of delay and restoration of the appeal was dismissed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 93/2023 (CoD) In
M.A. on Diary No. 525/2022 (Restoration) In
(Appeal No. 180/2011- Disposed of)
Between
Rajendra C. Tiwari … Appellant/s V/s. State Bank of India & Ors. …Respondent/s
An Advocate for the Appellant is present.
The Interim Application (I.A.) No. 93/2023 is an application for condoning the delay in applying to restore Miscellaneous Application No. 1363/2017 in Miscellaneous Application at Lodging No. 536/2017 in Appeal No. 180/2011. The matter has a checkered history. The Appellant/Applicant had filed the aforesaid Appeal No. 180/2011 challenging the order of the Debts Recovery Tribunal in the S.A. which was filed by him.
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at Lodging No. 536/2017 was restored to file. There is a delay of 914 days in filing the application consequence of the dismissal of the application for the restoration of the appeal. The appeal was dismissed even before that for which there is already a condonation delay application filed by the Appellant.
The Application is, therefore, dismissed.
Sd/Chairperson
psa-21
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2 issues framed by the court
Whether the delay of 914 days in filing an application to restore a dismissed appeal can be condoned.
Whether condoning such an unexplained delay would be unjust to the opposite parties.
Rajendra C. Tiwari
State Bank of India & Ors.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
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