The DRAT admitted the appeal and passed a regular appeal number. The tribunal allowed the application under Section 5 of the Limitation Act to condone a 10-day delay in filing the appeal, holding the delay to be procedural rather than intentional. The matter will be listed for hearing.
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. 857 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.12.2023
Union Bank of India ... Appellants -VsAnwar Ali Jiwani & Anr ……Respondents Ms. Aparajita Rao, Learned Counsel for the Appellant Mr. Nemani Srinivas, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Mr. Nemani Srinivas, Learned Counsel has put an appearance for Respondents. He undertakes to file vakalatnama on behalf of the Respondents within a week.
I.A. No. 448 of 2023 application under Section 5 of the Limitation Act for condonation of delay of 10 days in preferring the appeal. Learned Counsel submits that the delay is not intentional, rather it is procedural. Impugned order was passed on 16.10.2023 while the Appeal was filed on 24.11.2023.
Opposed by the Learned Counsel for the Respondents.
Having considered the submission, I found the ground to be sufficient. Accordingly, I.A. No. 448 of 2023 is allowed. Delay in filing the Appeal is condoned. Let the
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Appeal be registered as regular Appeal by providing a regular appeal number. Respondents may file the opposition within a period of four weeks with copy to the Appellant who may file the rejoinder if any, within two weeks thereafter.
List on 12th February, 2024.
(Anil Kumar Srivastava,J) Chairperson
Dated 13th December, 2023
4/tp
2 issues framed by the court
Whether the delay of 10 days in filing the appeal is intentional or procedural in nature justifying condonation.
Whether the application for condonation of delay under Section 5 of the Limitation Act should be allowed.
1 provisions across 1 enactments
Union Bank of India
Anwar Ali Jiwani
Anr
Anil Kumar Srivastava
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
