The Tribunal allowed the application for condonation of delay in filing the appeal under Section 5 of the Limitation Act, finding personal excuses of the advocate sufficient. The appeal is registered and listed for hearing.
Application for condonation of delay allowed; appeal registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appl. Dy No. 462 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
20.09.2023
Union Bank of India
… Appellant Vs.
M/s. S.L.N. Tobaccos
….. Respondents
For Appellant : Mr. Pankaj Kr. Mukherjee, ld. Advocate
For Respondents : Mr. Nemani Srinivas, ld. Advocate for resp. no.1.
THE APPELLATE TRIBUNAL :
I.A. 268 of 2023 is an application u/s 5 of the Limitation Act for condonation of 41 days delay in filing the appeal. Impugned order was passed on 25.04.2023 while the appeal was filed on 13.07.2023. Learned counsel for the appellant submits that due to personal reason of the learned advocate delay was caused. Having heard the learned counsel for the parties and perusing the records, I found the ground sufficient for condoning the delay. Accordingly, I.A. 268 of 2023 is allowed. Delay in preferring the appeal is condoned. Let the appeal be registered by providing regular appeal number.
Learned counsel for respondent no.1 undertakes to file Vakalatnama during the course of the day.
Opposition, if any, be filed within four weeks with copy to the appellant who may file rejoinder within two weeks thereafter.
List on 05.01.2024 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 20.09.2023 02 /pkb
1 issue framed by the court
Whether the delay in filing the appeal should be condoned under Section 5 of the Limitation Act due to personal reasons of the learned advocate.
1 provisions across 1 enactments
Union Bank of India
M/s. S.L.N. Tobaccos
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
