Bench allowed IA No. 396 of 2022 condoning delay in filing appeal. Appeal registered; parties directed to file opposition/rejoinder; matter listed for hearing.
IA No. 396 of 2022 allowed; delay condoned; appeal registered; fresh notices issued; hearing listed for 24.01.2024.
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. 592 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2023
State Bank of India & Ors
... Appellants
-VsSmt. Sanjukta Debta ……Respondents
Mr. Soumya Roy, Learned Counsel Mr. S. Mahato, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 396 of 2022 application for condonation of delay in filing the appeal filed by the Appellant.
Instant Appeal has been filed against an order dated 04.12.2019 passed by Learned DRT Cuttack allowing SA No. 113 of 2019. It appears that the impugned order was challenged by the Appellants before the Hon’ble Orissa High Court by preferring a W.P.(C) No. 27635 of 2019 wherein an interim order was passed on 23.12.2019. Subsequently, Writ Petition was withdrawn and dismissed by the Hon’ble High Court vide order dated 03.03.2021. SLP was filed by the Respondents being Writ Petition Civil No. 197 of 2022 before the Hon’ble Apex Court which was dismissed vide order dated 09.05.2023 with an observation that the rejection of the petition would not come in the way of the
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petitioner in taking recourse to such remedies as are available in the law. It appears that after withdrawal of the Writ Petition before the Hon’ble High Court, Appellants preferred the Appeal on 12.10.2022. Learned Counsel for the Appellant submits that delay in filing the appeal is duly explained. He has also placed reliance upon an order of the Hon’ble Apex Court passed in Suo Motu case No. 03 of 2022 wherein Hon’ble Apex Court has extended the period of limitation from 15.03.2020 till 02.10.2021 in computing the limitation due to Covid 19 pandemic.
Respondents are served through paper publication but are not represented.
Having considered the submissions made by the Learned Counsel for the Appellant, I found the ground to be sufficient for condoning the delay. Accordingly, I.A. No. 396 of 2022 is allowed. Delay in filing the appeal is condoned.
Let the Appeal be registered as regular appeal by providing a regular appeal number. Fresh notices be issued to the Respondents who may file opposition within four weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.
List on 24th January, 2024 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2023 3/tp
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2 issues framed by the court
Whether the delay in filing the appeal is condonable on the facts and submissions filed.
Whether the impugned order allows the appeal to proceed.
State Bank of India & Ors
Smt. Sanjukta Debta
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
