Nap Leathers Pvt. Ltd. v. Arcil
Case brief
What is this about?
This order addresses two interim applications under Section 5 of the Limitation Act. The court condoned a 14-month delay in filing the appeal due to counsel's illness and allowed an application to recall a Registrar's order and extend registry compliance time.
What did the court decide?
I.A. No. 409 of 2022 allowed; delay condoned. M.A. Dy. No. 612 of 2022 allowed; order recalled and time extended.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(M.A. Dy. No.612 of 2022)
(Arising out of Dy. No. 13 of 2019 in O.A. No. 1244 of 1999 in DRT - 1 Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
22.02.2023
M/s NAP Leathers Pvt. Ltd. … Appellant -VsARCIL ….Respondents Mr. Rama Krishna Annavajjula, Learned Counsel for the Appellant Mr. Pratik Ghosh, Learned Counsel, Mr. A. Roy Chowdhury, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 409 of 2022 application under Section 5 of the Limitation Act filed by Appellant for condonation of delay in filing the Appeal. Impugned order was passed on 22.11.2018 while the Appeal was filed on 23.01.2019. It is submitted that the delay was not intentional. Rather it was due to the illness of Learned Counsel. Prayer is opposed.
Having heard the Learned Counsel for the Appellant, I found the ground to be sufficient. Accordingly, I.A. No. 409 of 2022 is allowed. Delay in filing the Appeal is condoned.
Issues for consideration
2 issues framed by the court
Whether the delay in filing the appeal was condonable under Section 5 of the Limitation Act due to the illness of learned counsel.
Whether an application for recall of the Registrar's order and extension of time was maintainable.
Parties & counsel
- appellant
M/s NAP Leathers Pvt. Ltd.
- respondent
ARCIL
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090006122022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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