The Debts Recovery Appellate Tribunal allowed the intimation application to condone a 52-day delay in filing the appeal caused by procedural approval requirements. The court regularized the appeal for hearing.
Condonation of 52 days delay in filing the appeal; appeal regularized with a new number.
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
Appl. Dy No. 528 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
21.09.2023
City Union Bank Ltd.
… Appellant Vs.
M/s. Siva Sai Poultry Layer Farm
….. Respondents
For Appellant : Mr. Anirban Pramanik, ld. Advocate
For Respondents : Mr. Nemani Srinivas, ld. Advocate.
THE APPELLATE TRIBUNAL :
I.A. 304 of 2023 is an application u/s 5 of the Limitation Act for condonation of 52 days delay in filing the appeal. Impugned order was passed on 16.05.2023 while the appeal was preferred on 06.08.2023. Learned counsel for the appellant submits that delay is not intentional rather for procedural approval. Learned counsel for the respondents opposes the prayer.
Having heard learned counsel for the parties and perusing the application I found the grounds sufficient for condoning the delay. Accordingly, I.A. 304 of 2023 is allowed. Delay in filing the appeal is condoned. Let appeal be regularized by providing regular appeal number.
Opposition be filed within three weeks with copy to the appellant who may file rejoinder within two weeks thereafter.
List on 08.01.2024 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 21.09.2023 02 /pkb
1 issue framed by the court
Whether condonation of delay of 52 days in filing the appeal under Section 5 of the Limitation Act is justified due to procedural approval.
1 provisions across 1 enactments
City Union Bank Ltd.
M/s. Siva Sai Poultry Layer Farm
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
