Muthulakshmi, v. Union Bank of India
Case brief
What is this about?
This dispose of an application seeking condonation of 18 days delay in filing an appeal. The Tribunal rejected the petition due to lack of credible evidence, such as a medical certificate, and found the stated reasons regarding age unconvincing as they would have persisted thereafter.
What the court decided
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 174/2023
in
A.IR:354/2023
Muthulakshmi V/S Union Bank Of India &Ors
08/09/2023
This application is filed seeking condonation of delay of 18 days in preferring the Appeal.
Heard both sides.
Advocate for petitioner/appellant submitted that delay is explained in paragraph 3 of the affidavit. As seen from paragraph 3 of affidavit, it is stated that copy of order of Trial Court was furnished to her advocate o 16.2.2023 and she is an aged widow, unable to move to Chennai to engage present counsel. It is further stated that during third week of March, 2023, she was suffering from viral fever and consequential age related problems and Doctor advised her two weeks bed rest. For these reasons, appeal could not be filed in time and delay may be condoned.
Advocate for respondent bank submitted that no counter is filed but if Tribunal is convinced with said reasons, he will leave the matter to the discretion of this Tribunal.
Issues for consideration
2 issues framed by the court
Whether condonation of delay of 18 days in filing appeal is justified in view of lack of medical evidence and insufficient explanation for period between receipt of order and filing.
Whether age itself constitutes a valid ground for condonation of delay in preferring an appeal.
Parties & counsel
- appellant
Muthulakshmi
- respondent
Union Bank Of India
Coram
Chairperson
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 331090003542023
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court