Allowed

Genesis Poweronics India Pvt. Ltd. v. Sanjay Re-Rolling Mills Pvt. Ltd. and Ors.

Appeal against actual order – delay in filing

DRAT27 Sept 2023REGULAR APPEAL/131/2023

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What is this about?

The Debt Recovery Appellate Tribunal admitted an application to condone the delay in filing an appeal. The tribunal found sufficient ground for condonation as the appeal was filed in compliance with the High Court's order granting liberty to appeal. The matter was fixed for future hearing.

What did the court decide?

Application for condonation of delay in filing appeal (I.A. 193 of 2023) allowed; appeal registered; directions for service and filing of opposition given.

Genesis Poweronics India Pvt. Ltd. versus Sanjay Re-Rolling… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Diary No. 179 of 2023

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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27.09.2023	Genesis Poweronics India Private Limited … Appellant -Vs- Sanjay Re-Rolling Mills Private Limited & 2 Others … Respondents
	Ms. Falguni Jana, Learned Counsel for Appellant
	Mr. Joy Saha with Mr. Kushagra Shah, Learned Counsel for the Respondent No.3 /Arcil

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THE APPELLATE TRIBUNAL :

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I.A. 193 of 2023

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Application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.

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Affidavit-of-Service filed is taken on record. Respondent No. 3 is represented through Mr. Kushagra Shah, Learned Counsel.

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Impugned order was passed on 21^st June, 2021. Thereafter, Appellant, who is the Auction Purchaser, filed Writ Petition No. 34205 of 2021 before the Hon’ble Telengana High Court wherein the writ petition was disposed of on 2^nd February, 2023 with liberty to the Appellant to prefer an appeal within a period of six weeks from the date of the said order and thereafter the appeal was filed on 13^th March, 2023. Prayer is made to condone the delay in filing the appeal.

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Having heard the submission made by the Learned Counsel for Appellant, I find the ground to be sufficient for condoning the delay. Appeal is filed in compliance of the order of the Hon’ble High Court at Telengana. Accordingly, I.A. 193 of 2023, is allowed. Delay in filing the appeal is condoned.

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Appeal be registered by supplying regular number.

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Fresh notices be issued upon other Respondents, except Respondent No. 3, and file Affidavit-of-Service within two weeks.

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Opposition be filed within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.

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List the matter on 29^th January, 2024 for hearing of appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 27^th September, 2023

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08/ac

Genesis Poweronics India Pvt. Ltd. v. Sanjay Re-Rolling Mills Pvt. Ltd. and Ors.

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Genesis Poweronics India Pvt. Ltd. v. Sanjay Re-Rolling Mills Pvt. Ltd. and Ors.

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