Dy. No. 532 of 2023 is a listing order where the Tribunal condoned delay in filing the appeal and set out procedure for submission of opposition and rejoinder.
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. 532 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2023
Union Bank of India ... Appellants -VsM/s Jagityala Warehousing P. Ltd. & Anr ……Respondents Ms. Aparajita Rao, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 306 of 2023 application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal.
Affidavit of service is filed today which is taken on record. Respondents are served but not represented.
Impugned order was passed on 22.05.2023 while the Appeal was preferred on 7th August, 2023. It is submitted that the delay is not intentional rather, it is caused due to procedural reasons and in obtaining the necessary approvals.
I have gone through the record and I found the ground to be sufficient. Accordingly, I.A. No. 306 of 2023 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
2
Respondents who may file the opposition within four weeks with copy to the Appellant who may file the rejoinder within two weeks thereafter.
List on 4th January, 2024 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2023 5/tp
Union Bank of India
M/s Jagityala Warehousing P. Ltd. & Anr
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
