In an I.A. for condonation of delay, the bench allowed the application under Section 5 of the Limitation Act, finding the reason for delay sufficient, and listed the main appeal for hearing.
Condonation of delay in filing the appeal under Section 5 of the Limitation Act.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 104 of 2019
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
18.10.2023 Sri Paluri Appalanarasayya @ Kondala Rao … Appellant -VsState Bank of India … Respondent Mr. S. Sreerama Murthy, Learned Counsel for Appellant
Mr. Soudip Pal Choudhuri with Ms. Saswati Sikder, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 447 of 2019
Application, under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.
Impugned order was passed on 19th November, 2018 while appeal was filed on 24th April, 2019. Learned Counsel for Appellant submits that there are two SARFAESI Applications; S.A. 308 of 2014 and S.A. 101 of 2015, which were taken up together on 12th September, 2018 and order was passed to list both the matters for argument on 26th September, 2018. But thereafter, separate orders were passed on both the SARFAESI Applications on different dates. Accordingly, the Appellant could not come to know of the impugned order.
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Learned Counsel for the Respondent, however, opposed by stating that no good ground has been taken for condoning the delay.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.
The application, being I.A. 447 of 2019, is allowed by condoning the delay.
Appeal be registered by supplying regular Appeal number.
Respondents may file opposition to the main appeal within six weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.
List on 14th February, 2024 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 18th October, 2023
01/ac
Paluri Appalanarasayya @ Kondala Rao
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
