Shaik Mohiuddin v. City Union Bank Limited

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Regular Appeal Dy. No. 614 of 2023, Date 03/10/2023

ShaikMohiuddin-----Appellant

Versus

City Union Bank Ltd. & Ors.------- Respondent

Ld. Advocate Mr. Nemani Srinivas appears and submit in compliance of order dated 27/09/2023 of the Registry bench in respect of defect No. (i) that 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/-.

In regard to defect No.(ii) in order dated 27/09/2023 of the Registry benchLd. Advocate Mr. NemaniSrinivas 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 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 (Monday, i.e. next working day) through online and hence, the petition is within the limitation period.

Ld. Advocate for appellant also removes the defect No. (v) as mentioned in order dated 27/09/2023 today itself before the bench and prays for time to remove defect No. (iii) &(iv) by the next date.

Post the matter on 16/10/2023 for appearance and removal of defects No. (iii) & (iv) by the appellant.