The Appellate Tribunal allowed an application for condonation of delay in filing an appeal, accepting that the delay was not intentional and was due to obtaining the certified copy of the impugned order.
I.A. No. 209 of 2023 allowed; delay condoned; appeal registered for hearing.
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
Appeal Dy No. 347 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.09.2023
M/s J.J. Mines & Minerals ... Appellants -VsM/s Matrix Hoarding Pvt. Ltd. & Anr
Mr. S.K. Senapati, Learned Counsel for the Appellant. None for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 209 of 2023 application for condonation of delay in preferring the appeal. Respondents are served through paper publication but are not represented. None is present for the Respondents.
Heard the Learned Counsel for the Appellant and perused the record. Impugned order was passed on 29.03.2023 while the Appeal was filed on 25.05.2023. there is a delay of eight days. Learned Counsel for the Appellant submits that the delay is not intentional. Rather time was consumed for obtaining certified copy of the impugned order.
Having considered the submission made by the Learned Counsel for the Appellant, I found the ground to be sufficient. Accordingly, I.A. No. 209 of 2023 is allowed. Delay in filing the appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal
2
number. Fresh notices be issued to the Respondents. Affidavit of service be filed within two weeks. Respondents may file the opposition within two weeks with copy to the Appellant who may file the rejoinder within two weeks thereafter.
List on 2nd January, 2024 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 18th September, 2023 1/tp
1 issue framed by the court
Whether the delay of eight days in filing the appeal warrants condonation.
M/s J.J. Mines & Minerals
M/s Matrix Hoarding Pvt. Ltd. & Anr
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
