Ms Goutham Sai Granites Pvt. Ltd. and another v. Hdfc Bank
Case brief
What is this about?
The Appellate Tribunal noted that the appeal against an order in DRT-II, Hyderabad was filed late. The tribunal observed a discrepancy between the claimed delivery date and the actual date the certified copy of the impugned order was ready, leaving the limitatioM.S. Goutham Sai Granites Ltd. & Anr v. HDFC Bank
What the court decided
A compact analysis
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
Regular Appeal Dy. No. 352 of 2023, Date 07/06/2023
M/s Goutham Sai Granites Ltd. & Anr. -------- Appellant
Versus
HDFC Bank ------- Respondent
Received an appeal filed online on 30/05/2023 under section 20 of Recovery of Debts due to Banks and Bankruptcy Act, 1993 presented by Ld. Advocate Mr. Nemani Srinivas on behalf M/s Goutham Sai Granites Ltd. & Anr, Appellant. Hard copy of the Application is received on 07/06/2023
The appeal has been filed on behalf of M/s Goutham Sai Granites Ltd. & Anr against the order dated 21/04/2023 passed in M.A. No. 25 of 2023 in O.A. No. 548 of 2021 in DRT-II, Hyderabad. Appeal fee with vakalatnama fee of Rs.255/- vide Transaction Ref. ID 3005230015785 dated 30/05/2023 has been paid through online along with the appeal.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
The Appeal is not within the period of limitation. Appellant declared that certified copy of impugned order dated 21/04/2023 was applied on 25/04/2023 and the same was delivered on 15/05/2023; as such the appeal is within the period of limitation. However, it is observed from certified copy annexed to the appeal memo that certified copy was applied on 25/04/2023, copy ready on 01/05/2023 and date of delivery on 15/05/2023.
Issues for consideration
1 issue framed by the court
Whether the appellant's challenge to the limitation objection is maintainable based on the discrepancy between the declaration of the date of delivery and the date the copy became ready.
Parties & counsel
- appellant
M/s Goutham Sai Granites Ltd. & Anr
- respondent
HDFC Bank
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090003522023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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