This order admits an application for condonation of delay in filing an appeal in a banking recovery matter. The tribunal condoned the 36-day delay and listed the appeal for hearing.
I.A. No. 221 of 2023 allowed; delay condoned; appeal registered as regular appeal; listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Dy. No. 371 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
19.07.2023
Bank of Baroda ... Appellants -VsBiswayan Traders & ors ... Respondent
Mr. Dipanjan Dutta, Learned Counsel for the Appellant Ms. Susmita Pal, Learned Counsel for the Respondent.
THE APPELLATE TRIBUNAL :
Admission
I.A. No. 221 of 2023 application under Section 5 of the Limitation Act for condonation of delay.
Heard the Learned Counsel for the Appellant on I.A. No. 221 of 2023 and perused the record. Instant appeal has been filed against an order dated 27.03.2023. Appeal was filed on 07.06.2023. Certified copy was filed on 05.06.2023 which was prepared on 09.06.2023. Accordingly, there is a delay of 36 days. Learned Counsel for the Appellant submits that the delay was not intentional, rather it was due to procedure and time consumed in obtaining appropriate approval.
Having considered the submissions. I found the ground to be sufficient. Accordingly, I.A. No. 221 of 2023 is allowed. Delay in filing the Appeal is condoned. Let the Appeal be registered as regular appeal by providing a
2
regular appeal number. Learned Counsel for the Respondent Ms. Susmita Pal has put her appearance.
Respondent may file the opposition within one week with copy to the Appellant who may file the rejoinder within a week thereafter.
List on 4th August, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 19th July, 2023 2/tp
1 issue framed by the court
Whether to condone the delay of 36 days in filing the filed appeal?
Bank of Baroda
Biswayan Traders & ors
Anil Kumar Srivastava
As recorded by the court registry
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