This order grants an application seeking condonation of delay for filing an appeal. The court found the ground sufficient and allowed the delay of eleven days, directing registration of the appeal and issuance of notices for hearing.
Application for condonation of delay allowed; appeal to be registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 433 of 2022
(Arising out of S.A. 403 of 2018 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.01.2023 Union Bank of India … Appellant -VsM/s. Yashawitha Cotton Traders & 3 Others … Respondents
Mr. Pankaj Kumar Mukherjee, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
I.A. 289 of 2022
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
Learned Counsel for the Appellant submits that receipt of the certified copy of the order was beyond the reach of the Appellant hence there was delay of eleven days in filing the appeal.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay. Delay for 11 days is condoned.
Application being I.A. 289 of 2022, is allowed.
Appeal be registered by supplying regular number.
Fresh notice be issued upon the Respondents; who may file opposition within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 3rd April, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 18th January, 2023 01/ac
1 issue framed by the court
Whether condonation of delay of eleven days for filing the appeal is justified and to be granted.
1 provisions across 1 enactments
Union Bank of India
M/s. Yashawitha Cotton Traders & 3 Others
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
