The Debt Recovery Appellate Tribunal condensed a 20-day delay in filing an appeal under Section 20 of the RDB Act, 1993, considering the lawyer's COVID-19 illness and a Supreme Court order extending limitation due to the pandemic.
Condonation of delay of 20 days in filing Appeal IA 379/2022.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 379/2022 in A.IR:23/2022
M/S.Jai Sathyapharma Distributors & Ors V/S Tamilnad Mercantile Bank Ltd
01/08/2023
This Application is filed seeking condonation of delay of 20 days in preferring the Appeal.
Heard both sides.
Advocate for Petitioners/Appellants submitted that impugned Order is dated 25.02.2021 and said Order is received by Petitioners/Appellants on 30.12.2021 and according to Section 20 of RDB Act, 1993, Petitioners/Appellants have to file the Appeal within 30 days from the date of receipt of copy of Order, and Appeal has to be filed on or before 29.01.2022. Advocate for Petitioners/Appellants submitted that Petitioners/Appellants’ Advocate suffered with COVID -19 and Petitioners/Appellants were directed not to meet him, and for that reason, Appeal could not be filed in time. Advocate for Petitioners/Appellants further submitted, Petitioners/Appellants also seek protection under Order of Hon’ble Supreme Court, which extended the limitation period upto 28.02.2022, due to COVID-19, and taking these aspects into consideration, delay may be condoned.
Advocate for 1st Respondent Bank submitted, calculation of delay is wrong and Bank received Order copy on 07.10.2021, therefore, he would leave the matter to the discretion of this Tribunal.
I have perused material papers and Affidavit filed in support of Application.
| A perusal |
of | documents | fil | ed | along | with | |
|---|---|---|---|---|---|---|---|
| Appeal Memorandum |
reveals |
the date |
of |
dispatch | of |
Order | to |
| Petitioners/Appellants, | is on |
24.12.2021 |
and |
receipt | of | Order | by |
| Petitioners/Appellants, | is on | 30.12.2021, | therefor | e,prima | facie, | the rea | son |
| assigned by Petitioners/ | Appellant | s for the delay | is convi | ncing. |
For the reasons stated in the Affidavit, delay of 20 days in preferring the Appeal is condoned. Consequently, Application IA 379/2022 is allowed.
Sd/-
Chairperson
1 issue framed by the court
Whether the delay of 20 days in filing the appeal under the RDB Act can be condoned in view of COVID-19 affecting the lawyer and Supreme Court extension.
2 provisions across 2 enactments
M/S Jai Sathyapharma Distributors & Ors
Tamilnad Mercantile Bank Ltd
Chairperson
As recorded by the court registry
21 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
