Kiran Jose v. South Indian Bank
Case brief
What is this about?
The tribunal applied for condonation of a 3-day delay in filing an appeal. The court held that the delay was sufficient and granted condonation, leaving the statutory deposit issue for the main appeal.
What did the court decide?
Condonation of delay of 3 days in filing the appeal.
What the court decided
A compact analysis
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 41/2023 In A.IR:2/2023
Kiran Jose & Ors V/S The South Indian Bank Ltd & Anr
17/03/2023
This application is filed seeking condonation of delay of 3 days in preferring the appeal.
In the additional affidavit filed on 10.3.2023, it is stated that as appellants approached Hon’ble High Court of Kerala by filing Writ Petition in OP (DRT)No.488/2022 against judgment of Tribunal below, hence, delay is caused. It is further stated that appellants were under bona fide good faith in challenging the order of Tribunal below before Hon’ble High Court of Kerala and it is due to appellant’s ill health, he could not contact his advocate and get instructions to file appeal and that is how delay of 3 days had occurred.
Additional counter to additional affidavit is filed by Respondent bank contending that apart from explaining genuine reasons for condonation of delay, it is mandatory for appellants to deposit money under Section 18 of SARFAESI act.
Heard both sides.
Appellants have already filed Waiver Application and with regard to statutory deposit, same has to be decided in that application and scope of this application is to examine whether cause explained for delay is sufficient to condone delay.
Issues for consideration
1 issue framed by the court
Whether the delay of 3 days in filing the appeal is sufficient to be condoned.
Parties & counsel
- appellant
Kiran Jose & Ors
- respondent
The South Indian Bank Ltd & Anr
Coram
The Chairperson
Case details
As recorded by the court registry
All orders in this case
15 orders share this CNR
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