The Appellate Tribunal allowed the application for condonation of delay in filing the appeal, citing a 28-day lapse attributable to procedural delays and approval processes.
I.A. No. 223 of 2023 under Section 5 of the Limitation Act allowed; appeal registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Dy. No. 372 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. 223 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. 223 of 2023 and perused the record. Instant appeal has been filed against an order dated 10.04.2023. Appeal was filed on 07.06.2023. There is a delay of 28 days in preferring the Appeal. 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. 223 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 3/tp
1 issue framed by the court
Whether the delay of 28 days in filing the appeal warranted condonation under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Bank of Baroda
Biswayan Traders & ors
Anil Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
