The TRIBUNAL considered the Appellant's application for condonation of delay. Finding the ground of lack of knowledge sufficient, the TRIBUNAL allowed the application, condoned the delay and registered the appeal as regular.
I.A. No. 55 of 2020 is allowed; delay in filing the appeal is condoned and it shall be registered as a regular appeal.
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
Dy. No. 100 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.09.2023
Canara Bank ... Appellants -VsAbdul Hanan Molla and anr Mr. Manas Dasgupta, Learned Counsel, Mr. Gourav Das, Learned Counsel for the Appellant. Ms. Sabana Khatun, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 55 of 2020 application under Section 5 of the Limitation Act for condonation of delay in filing the appeal against an order dated 20th September, 2019 passed by Learned DRT-2 Kolkata.
Opposed by the Learned Counsel for the Respondents. It is submitted that the impugned order was passed on 20th September, 2019 which was not within the Knowledge of the Appellant. He came to know about the order on 17th October, 2019. Thereafter, Learned Counsel Mr. Basudev Mukherjee was contacted. Certified copy was obtained and appeal was filed. Learned Counsel submits that the delay in filing the appeal is not intentional.
2
Learned Counsel for the Respondent submits that Appellants have filed the appeal intentionally with a delay. No ground exists for condonation of delay.
Having heard the Learned Counsel for the Appellant, I found the ground to be sufficient. Accordingly, I.A. No. 55 of 2020 is allowed. Delay in filing the Appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal number. Respondent may file the opposition within three weeks with copy to the Appellant who may file the rejoinder within two weeks thereafter.
List on 13th December, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 12th September, 2023 1/tp
2 issues framed by the court
Whether the cause of knowledge of the impugned order could justify condonation of delay in filing the appeal.
Whether the application for condonation of delay should be allowed.
Canara Bank
Abdul Hanan Molla
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
