Rabeesh Parakkumeethal v. Federal Bank

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

IA 242/2023 in

A.IR:333/2023

RabeeshParakkumeethal V/S Federal Bank

20/11/2023

This Application is filed to condone delay of 53 days in preferring the Appeal against Order dated 23.12.2022 in IA 2372/2022 in SA 45/2021 of DRT-I, Ernakulam.

Advocate for Petitioner/Appellant submitted that the Petitioner herein initially approached Hon’ble High Court of Kerala against said Order and Hon’ble High Court granted 10 days’ time to file the Appeal, and according to which, Petitioner had to file the Appeal on or before 18.02.2023, but the Petitioner could file this Appeal on 29.03.2023, and thus, there is delay of 53 days in preferring the Appeal. He further submitted that the reasons for delay are explained in para 5 of Affidavit, considering the same, the delay may be condoned.

I have perused the Affidavit filed in support of Petition, particularly, para 5 of Affidavit, according to which, Petitioner is employed in abroad, and he has to stay back as his wife and kid were undergoing treatment, therefore, he could not engage a Counsel in time, and he could not travel to India. He further stated, though Power of Attorney was executed, it was his responsibility to engage an Advocate and his financial constraints was also one of the reasons for the delay.