M S Jagadesh v. The Authorized Officer
Case brief
What is this about?
This is an application for condonation of delay in filing an appeal against an order of the Debt Recovery Tribunal. The Court held that mental and physical strain caused by a delay in the order's pronouncement is not sufficient cause to excuse the 63-day delay. Consequently, the application was dismissed, and the underlying appeal was rejected.
What did the court decide?
Application for condonation of delay in filing Appeal AIR (SA) 144/2022 dismissed. Consequently, the Appeal is rejected.
IA-217/2022 in AIR 144/2022
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 29th of March, 2023
PRESENT: Hon’ble Mr. Justice S. Ravi Kumar
CHAIRPERSON
IA-217/2022
In
AIR (SA) - 144/2022
[SA 87/2018 on the file of DRT- II, Bengaluru)
Between
- Sri M. S. Jagadeesh, S/o Subbaraya Shetty,
- M. Subbaraya Shetty, S/o Sri Ramachandra Shetty
Both are residing at:
Issues for consideration
2 issues framed by the court
Whether mental agony and physical strain due to delay in pronouncing the judgment constitute sufficient cause to condone a 63-day delay in filing an appeal under the SARFAESI Act.
Whether an application under Section 18(1) of the SARFAESI Act can be decided by applying provisions regarding condonation of delay from the Recovery of Debts and Bankruptcy Act, 1993.
Parties & counsel
- appellant
Sri M. S. Jagadeesh
- appellant
M. Subbaraya Shetty
- respondent
The Authorised Officer, KSFC
- respondent
Sri Umesh Mehra
- respondent
Smt. Sangeeth Mehra
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 331090001442022
- Topic
- Banking and Recovery
All orders in this case
11 orders share this CNR
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