The Tribunal allowed an interim application for condonation of delay, registering the appeal but staying the lower tribunal's order pending hearing of the main appeal.
Applications for condonation of delay and stay of the impugned order were allowed; appeal to be registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Diary No. 253 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
14.12.2023 Union Bank of India … Appellant -VsWhitemen Constructions Private Limited … Respondent Mr. Dipanjan Datta with Mr. Subhojit Chowdhury, Learned Counsel for the Appellant
THE APPELLATE TRIBUNAL :
Matter is taken up in the revised list. None appears for the Respondents.
I.A. 157 of 2023
Application for condonation of 19 days’ delay in preferring the appeal.
Having considered the submission made by the Learned Counsel for Appellant, I find the ground, made in the application, is sufficient for condoning the delay in filing the appeal.
Application, being I.A. 157 of 2023, is allowed. Delay in filing the appeal is condoned.
Appeal be registered by supplying regular Appeal number.
Respondents may file opposition within four weeks with copy to the Appellant, who may file rejoinder, if any, within four weeks thereafter.
2
I.A. 158 of 2023
Learned Counsel for Appellant submits that merely on the basis of the assertion made by the SARFAESI Appellant Learned Tribunal passed a non-speaking order, dated 21st February, 2023, staying all further proceedings of the case.
Having considered the submission I find that appropriate order should be passed staying operation of the impugned order. Accordingly, operation of the impugned order, dated 21st February, 2023, is stayed till the next date of listing.
Objection against I.A. 158 of 2023 be filed in four weeks.
List on 21st February, 2024 for hearing of appeal and I.A. 158 of 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 14th December, 2023 05/ac
2 issues framed by the court
Whether the delay of 19 days in filing the appeal should be condoned.
Whether the interim stay order passed by the lower tribunal should be suspended.
2 provisions across 2 enactments
Union Bank of India
Whitemen Constructions Private Limited
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
