The Appellate Tribunal condoned a 40-day delay in filing an appeal under Section 5 of the Limitation Act, finding the ground sufficient. Notices were issued to the respondent.
Condonation of delay of 40 days in filing the Appeal and regularization of the Appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 222 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.12.2023
Punjab and Sind Bank ... Appellants -VsMr. Dugimpudi Srikanth Reddy ……Respondents Ms. Jayati Chowdhury, Learned Counsel, Ms. Priya Malakar, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Affidavit of service is taken on record. Respondents are served through publication but not represented. I.A. No. 142 of 2023 application under Section 5 of Limitation Act for condonation of delay of 40 days in filing the Appeal. Impugned order was passed on 5th January 2023 while the Appeal was filed on 27.03.2023. It is submitted that the delay was not intentional rather, it was procedural.
Having heard the Learned Counsel for the Appellant, I found the ground to be sufficient. Accordingly, I.A. No. 142 of 2023 is allowed. Delay in filing the Appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal number.
2
Issue fresh notices to the Respondents. Affidavit of service be filed within two weeks. Respondents may file the opposition within four weeks.
List on 5th February 2024 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 12th December, 2023 2/tp
2 issues framed by the court
Whether the delay of 40 days in filing the appeal should be condoned under Section 5 of the Limitation Act.
Whether the respondent's appearance should be allowed in view of the proceedings initiated against them.
1 provisions across 1 enactments
Punjab and Sind Bank
Mr. Dugimpudi Srikanth Reddy
Anil Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
