This order condons the delay of 173 days and other delays in filing several appeals challenging a common order of the DR Tribunal Aurangabad allowing the appeals to be taken on file for subsequent hearing.
Delay in filing the appeals took the same is allowed. The appeals have been taken on file for hearing on 21.09.2023.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr Justice Ashok Menon, Chairperson
M.A. No. 272/2017 (CoD)
In
Appeal No. 97/2017
Between
ICICI Bank Ltd. … Appellant/s V/s. M/s. Radhee Foods Pvt. Ltd. & …Respondent/s
Ors.
Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Appellant.
Ms. Sanjana Ghogare, Advocate for Respondent Nos.1, 9 and 10. AND M.A. No. 273/2017 (CoD) In Appeal No. 96/2017 Between ICICI Bank Ltd. …
Appellant/s V/s. M/s. Kankairya Automobiles Pvt. Ltd. & …Respondent/s Ors.
Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Appellant.
1
Ms. Sanjana Ghogare, Advocate for Respondent Nos.1, 9 and 10.
AND
M.A. No. 438/2014 (CoD)
In
Appeal No. 177/2014
Between
Dinesh Mansukhlal …
Kucheria Appellant/s
V/s.
ICICI Bank Ltd. & Ors. …Respondent/s
Ms. Sanjana Ghogare, Advocate for Appellant.
Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No.1 Bank.
AND Appeal No. 132/2014 Between M/s. Radhee Goods Pvt. … Ltd. Appellant/s V/s. ICICI Bank Ltd. & Ors. …Respondent/s
Ms. Sanjana Ghogare, Advocate for Appellant.
Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No. 1 Bank.
AND
Appeal No. 117/2014
Between
2
M/s. Kankariya Automobiles Pvt. Ltd.
Appellant/s
V/s.
ICICI Bank Ltd. & Ors.
…Respondent/s
Ms. Sanjana Ghogare, Advocate for Appellant.
Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No. 1 Bank.
Mr Kushal Sawant, i/b Mr Puneet Gogad, Advocate for Respondent No. 5.
M.A. No. 272 of 2017 in Regular Appeal No. 97 of 2017 and M.A. No. 273 of 2017 in Regular Appeal No. 96 of 2017 are applications for condoning 173 days delay in filing the appeals by the Bank. Regular Appeal No. 177 of 2014 filed by one of the auction purchasers is also filed with delay and M.A. No. 438 of 2014 is filed for condoning the delay in filing that appeal. All these three appeals and two other appeals arise from the same common order passed by the Debts Recovery Tribunal, Aurangabad (D.R.T.).
Hence, the appeals shall be posted for hearing on 21.09.2023.
mks-06 to10
3
2 issues framed by the court
Whether the delay in filing appeals under Section 17 of the SARFAESI Act can be condoned.
Whether the condonation of delay permits the appeals to be taken on file.
ICICI Bank Ltd.
M/s. Radhee Foods Pvt. Ltd.
M/s. Kankairya Automobiles Pvt. Ltd.
Dinesh Mansukhlal Kucheria
ICICI Bank Ltd.
M/s. Radhee Goods Pvt. Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
