This tribunal allowed an application for condonation of delay in filing an appeal under Section 5 of the Limitation Act, accepting the appellant's illness as sufficient ground, and listed the matter for further proceedings.
The application for condonation of delay was allowed; appeal to be filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 556 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
03.08.2023 Pinku Banerjee … Appellant -VsPunjab National Bank … Respondent Mr. Gautam Naarayan Bhattacharya, Learned Counsel for Appellant
Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 247 of 2023
Application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
Impugned order was passed on 20th July, 2022, certified copy was applied on 14th July, 2022, prepared on 2nd August, 2022 while appeal was filed on 27th September, 2022. Learned Counsel submits that due to illness of the Appellant and the time consumed in preparing the appeal, the appeal could not be filed in time.
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. 247 of 2023, is allowed by condoning the delay.
List on 12th September, 2023.
(Anil Kumar Srivastava,J) Chairperson
06/ac
Dated 03rd August, 2023
2 issues framed by the court
Whether the delay in filing the appeal should be condoned under Section 5 of the Limitation Act due to illness.
Whether the explanation provided by the appellant constitutes sufficient ground for condonation of delay.
1 provisions across 1 enactments
Pinku Banerjee
Punjab National Bank
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
