The Appellate Tribunal allowed an application for condonation of delay in filing an appeal under Section 5 of the Limitation Act, finding the grounds sufficient. The appeal was registered as regular.
Application for condonation of delay allowed; appeal registered as regular appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 491 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 12.10.2023 | Shriram Housing Finance Limited … Appellant -Vs- Donthansetti Alivelu & 2 Others ... Respondents |
|---|---|
| Mr. Zafar Sultan with Ms. Sadhna Rao and Mir Hassan, Learned Counsel for the Applicant |
Ms. Swarlani Dutta Counsel for Respondents No. 1 and 2 and 3
THE APPELLATE TRIBUNAL :
I.A. 283 of 2023
Application, under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.
Impugned order was passed on 3rd May, 2023 while appeal was filed on 24th July, 2023. Learned Counsel submits that delay was not intentional rather procedural.
Learned Counsel for the Respondent, however, opposed by stating that no good ground has been taken for condoning the delay.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay of seven days.
The application, being I.A. 283 of 2023, is allowed by condoning the delay.
2
Appeal be registered as regular appeal by supplying regular appeal number Respondents may file opposition within four weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.
Vakalatnama filed on behalf of Respondents No. 1, 2 and 3 be taken on record.
(Anil Kumar Srivastava,J) Chairperson
Dated 12th October, 2023
10/ac
1 issue framed by the court
Whether the grounds for condonation of delay are sufficient under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Shriram Housing Finance Limited
Donthansetti Alivelu
3 Others
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
