In this appeal, the appellant relied on Section 4 of the Limitation Act, arguing that an appeal filed on a Sunday was timely because the expiration date fell on a Saturday, a holiday for the Tribunal. No respondent appeared.
Defect regarding limitation period deemed removed; matter posted before the Chairperson for admission.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Regular Appeal Dy. No. 666 of 2023, Date 03/10/2023
Dr. A. Anupama-----Appellant
Versus
Union Bank of India & Ors.------- Respondent
For Applicant Ld. Advocate Mr. NemaniSrinivas appears and submits that under section 4 of Limitation Act if 30 days falls on a holiday then the limitation period covered upto next working day of the court. He submits that in this case 30 days from the date of order excluding number of days taken by the DRT to issue/process the certified copy of the order,falls on 23rd September (Saturday) which is a holiday for this Appellate Tribunal. Ld. Advocate for the appellant submits that this appeal was filed on 24th September (Sunday) through online and hence, the petition is within the limitation period and prays to place the matter before the Hon’ble Chairperson.
Hence defect mentioned in order dated 27.09.2023 deemed to be removed.
For Respondent no one appeared.
The matter may be posted before the Hon’ble Chairperson on 05/10/2023 for admission.
Sd/REGISTRAR
1 issue framed by the court
Whether an appeal filed on a Sunday is within the limitation period when the 30-day period expires on a Saturday which is a holiday for the Appellate Tribunal.
1 provisions across 1 enactments
Dr. A. Anupama
Union Bank of India
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
