Kiran Jose v. South Indian Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal allowed an application for condonation of a 9-day delay in filing an appeal against an orders of DRT-II, Ernakulam, accepting ill-health as a satisfactory explanation.
What did the court decide?
Application for condonation of 9-day delay in preferring appeal is allowed.
What the court decided
A compact analysis
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 88/2023 in A.IR:9/2023
Kiran Jose & Ors V/S The South Indian Bank Ltd & Anr
12/07/2023
This Application is filed seeking condonation of delay of 9 days in preferring the Appeal against Order dated 29.11.2022 of DRT-II, Ernakulam.
Heard both sides.
Advocate for Petitioners/Appellants submitted, as Petitioners/Appellants approached Hon’ble High Court of Kerala against the Orders in IA 1325/2022 in SA 299/2022, and thereafter, due to ill-health of Petitioner/Appellant, there was delay in filing the Appeal, which is not intentional.
Advocate for Respondent Bank submitted, when Appeal provision is available under the Act, no reason is assigned as to why Petitioners/Appellants approached Hon’ble High Court of Kerala. He further submitted Petitioners/Appellants obtained stay also, from Hon’ble High Court of Kerala.
Considering the submissions of both sides and reasons assigned for delay, I am of the view that, without going into the merits and demerits of the case, as the delay is not abnormal and explained satisfactorily, same has to be condoned.
Issues for consideration
1 issue framed by the court
Whether the short delay of 9 days in filing the appeal under Section 17 of the SARFAESI Act (implied by context of DRT appeal) should be condoned due to ill-health of the appellant.
Parties & counsel
- appellant
Kiran Jose & Ors
- respondent
The South Indian Bank Ltd & Anr
Coram
Chairperson
Case details
As recorded by the court registry
All orders in this case
17 orders share this CNR
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