Allowed

M S Radhee Foods Pvt. Ltd. v. Icici Bank Limited and Ors.

DRAT1 Aug 2023REGULAR APPEAL/132/2014

Case brief

AI extract

What is this about?

The bench allowed applications for condoning delay in filing several appeals arising from a common order of the DRAT Aurangabad, thereby granting time to the bank and auction purchaser to pursue their appeals.

What did the court decide?

Applications for condoning 173 days delay in filing appeals by the Bank and auction purchaser allowed; appeals posted for hearing on 21.09.2023.

M S Radhee Foods Pvt. Ltd. versus Icici Bank Limited and Ors. — Banking and Recovery | DRAT (2023)

¶1

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr Justice Ashok Menon, Chairperson

¶2

M.A. No. 272/2017 (CoD)

¶3

¶4

Appeal No. 97/2017

¶5

Between

¶6

ICICI Bank Ltd. … Appellant/s V/s. M/s. Radhee Foods Pvt. Ltd. & …Respondent/s

¶7

Ors.

¶8

Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Appellant.

¶9

Ms. Sanjana Ghogare, Advocate for Respondent Nos.1, 9 and 10. AND M.A. No. 273/2017 (CoD) In Appeal No. 96/2017 Between ICICI Bank Ltd. …

¶10

Appellant/s V/s. M/s. Kankairya Automobiles Pvt. Ltd. & …Respondent/s Ors.

¶11

Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Appellant.

¶12

¶13

Ms. Sanjana Ghogare, Advocate for Respondent Nos.1, 9 and 10.

¶14

AND

¶15

M.A. No. 438/2014 (CoD)

¶16

¶17

Appeal No. 177/2014

¶18

Between
Dinesh Mansukhlal …
Kucheria Appellant/s
V/s.
ICICI Bank Ltd. & Ors. …Respondent/s

¶19

Ms. Sanjana Ghogare, Advocate for Appellant.

¶20

Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No.1 Bank.

¶21

AND Appeal No. 132/2014 Between M/s. Radhee Goods Pvt. … Ltd. Appellant/s V/s. ICICI Bank Ltd. & Ors. …Respondent/s

¶22

Ms. Sanjana Ghogare, Advocate for Appellant.

¶23

Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No. 1 Bank.

¶24

AND

¶25

Appeal No. 117/2014

¶26

Between

¶27

¶28

M/s. Kankariya Automobiles Pvt. Ltd.

¶29

Appellant/s

¶30

V/s.

¶31

ICICI Bank Ltd. & Ors.

¶32

…Respondent/s

¶33

Ms. Sanjana Ghogare, Advocate for Appellant.

¶34

Ms. Gargi Bhagwat, i/b M/s. Divekar Bhagwat & Co., Advocate for Respondent No. 1 Bank.

¶35

Mr Kushal Sawant, i/b Mr Puneet Gogad, Advocate for Respondent No. 5.

¶36

M.A. No. 272 of 2017 in Regular Appeal No. 97 of 2017 and M.A. No. 273 of 2017 in Regular Appeal No. 96 of 2017 are applications for condoning 173 days delay in filing the appeals by the Bank. Regular Appeal No. 177 of 2014 filed by one of the auction purchasers is also filed with delay and M.A. No. 438 of 2014 is filed for condoning the delay in filing that appeal. All these three appeals and two other appeals arise from the same common order passed by the Debts Recovery Tribunal, Aurangabad (D.R.T.).

¶37

Going through the applications for condonation of delay, I find that the reasons for the delay have been well explained and therefore, there is no need to decline to grant reliefs in these applications for condoning the delay. The applications are allowed and the delay in all three appeals is condoned. The appeals have already been taken on file. There is no reply filed in any of the connected appeals.

¶38

Hence, the appeals shall be posted for hearing on 21.09.2023.

¶39

mks-06 to10

¶40

M S Radhee Foods Pvt. Ltd. v. Icici Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

M S Radhee Foods Pvt. Ltd. v. Icici Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Idbi Bank Limited versus Mr. Ramdas Shankar Satras & Ors.

Ramesh Harkishandas Mirchandani and Ors. versus the D C B Bank Ltd. and Ors.

Shri Dr Santosh Uttam Sawane versus Indodstar Capital Finance Ltd.

Dr Pranjivan Parshottam Zaveri and Ors. versus Bank of Baroda

M/S. Golden Erectors Partners versus the Pandharpur Urban Co. Op. Bank Ltd. Pandharpur

Icici Bank Ltd. versus M/S. Radhee Foods Pvt. Ltd.