Shaik Mohiuddin v. City Union Bank Limited

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Regular Appeal Dy. No. 614 of 2023, Date 23/11/2023

ShaikMohiuddin-------- Appellant

Versus

City Union Bank Limited & Others ------- Respondent

Learned Advocate Mr. N. Srinivas appears on behalf of the Appellant.

None for the respondent.

It is to mention that on scrutiny of the case five defects were mentioned as per registry bench order dated 27/09/2023. Details of rectification of the defects as submitted by the Ld. Advocate for Appellant are as under.

As regards to defect No. (i) regarding court fee, Ld. Advocate Mr. N. Srinivas submitted on 03/10/2023that the Appellant is a third party, not a Certified Debtor & has filed the instant Appeal arising out of an Interim Application as such order does not determine any debts against the Appellant. Hence, Appellant filed this appeal with a fees of Rs. 250/-.

As regard to defect No.(ii) in respect of delay petition Ld. Advocate Mr.NemaniSrinivas submitted on 03/10/2023 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 9^th September 2023 (Saturday) which is a holiday for this Appellate Tribunal. Ld. Counsel for the appellant submits that this appeal was filed on 11^th September 2023 (i.e. Monday, the next working day) through online and hence, the petition is within the limitation period.