Marvelyn Nongrum v. Meghalaya Rural Bank
Case brief
What is this about?
The Tribunal allowed condonation of delay for filing appeal citing pandemic orders and illness. Regarding pre-deposit under RBI Act, the Tribunal reduced the required amount from the mandatory 50% to 35% of the due amount considering the appellant's illness and business losses, requiring payment within six weeks.
What did the court decide?
I.A. No. 168 of 2023 and I.A. No. 169 of 2023 allowed. I.A. No. 287 of 2022 allowed for condonation of delay. I.A. No. 286 of 2022 allowed granting reduction of pre-deposit to 35%.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy No. 428 of 2022)
(Arising out of O.A. No. 43 of 2021 in DRT -Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
25.04.2023
Ms. Marvelyn Nongrum … Appellant -VsMeghalaya Rural Bank & Anr ….Respondents Ms. Aleya Chowdhury, Learned Counsel Mr. Animesh Samanta, Learned Counsel for the Appellant Mr. Kamal Kanti Nandi, Learned Counsel Mr. A.K. Singh, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL
I.A. No. 168 of 2023 application for amendment in the memo of Appeal to incorporate the relevant provisions. Application is formal in nature. Accordingly, I.A. No. 168 of 2023 is allowed. Amendment be carried out within a week.
I.A. No. 169 of 2023 application for amendment in waiver application. It is formal in nature to incorporate the relevant provisions. Accordingly, I.A. No. 169 of 2023 is allowed. Necessary amendment be carried out within a week.
Issues for consideration
2 issues framed by the court
Whether condonation of delay in filing appeal is permissible considering the pandemic and illness caused to the appellant.
Whether pre-deposit for filing appeal under Section 21 RBI Act can be reduced from 50% to 35% given appellant's financial losses.
Parties & counsel
- appellant
Ms. Marvelyn Nongrum
- respondent
Meghalaya Rural Bank & Anr
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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