The Appeals Tribunal allowed a Section 5 application to condone a 14-day delay in filing an appeal, holding the reason sufficient. The appeal was registered.
Delay of 14 days in preferring the appeal was condoned and the appeal was registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 558 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
22.09.2023
Union Bank of India
… Appellant Vs.
Sri Sudulangunta Rama Rao & Ors. ….. Respondents
For Appellant : Mr. Dipanjan Dutta, ld. Advocate Mr, Subhojit Chowdhury, ld. Advocate.
For Respondents : Ms. Jayati Chowdhury, ld. Advocate resp.no.1 and 2.
THE APPELLATE TRIBUNAL :
Respondent no.1 and 2 are represented through learned advocate. Respondent no.3 is not represented.
Learned counsel for respondent no.1 and 2 prays time to file opposition to Section 5 application, but record shows that time has already been granted.
I.A. 312 of 2023 is an application under Section 5 of the Limitation Act for condoning 14 days delay in preferring the appeal. Impugned order was passed on 01.07.2023 while instant appeal was filed on 14.08.2023. Learned counsel for the appellant submits that delay is not intentional rather it was caused for obtaining approval. Having considered the submissions of the learned counsel for the parties and perusing the application, I found that ground to be sufficient for condoning the delay. I.A. 312 of 2023 is allowed. Delay in preferring the appeal is condoned. Let the appeal be registered by providing regular appeal no.
Respondent may file opposition within two weeks with copy to the appellant who may file rejoinder within two weeks thereafter.
List on Monday 04.01.2024.
(Anil Kumar Srivastava, J) Chairperson
Dated : 22.09.2023 02 /pkb
1 issue framed by the court
Whether the delay of 14 days in filing the appeal is condonable under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Union Bank of India
Sri Sudulangunta Rama Rao & Ors.
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
