The Tribunal allowed an application to condone a 56-day delay in filing an appeal, accepting medical reasons as valid. The appeal was registered as regular with standard process instructions issued.
I.A.274/23 allowed for condonation of 56 days delay; appeal registered as Regular Appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA (CAMP-HYDERABAD)
(Diary No.477 of 2023)
(Arising out of S.A. No.251 of 2022 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
21.12.2023
State Bank of India … Appellant -VsBalipati Devadas ….Respondent
Smt. P. Tarangini Learned Counsel for Appellant
Sri T. Sridhar Reddy Learned Counsel for Respondent
THE APPELLATE TRIBUNAL:
Heard Ld. Counsel for the Appellant. Sri T. Sridhar Reddy , Ld. Advocate filed vakalatnama for Respondent and the same is taken on record. I.A.274/23 is filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 56 days in filing the Appeal. The impugned order was passed on 19.04.2023 while the Appeal was filed on 20.07.2023. Ld. Counsel for the Appellant submitted that the delay is not wanton rather for medical reasons and illness of the Authorized officer.
Having heard the submissions of Appellant, I.A.No.274/2023 is allowed and delay of 56 days in filing the Appeal is condoned. Let the Appeal be registered as a Regular Appeal with Regular Appeal Number. Let the Affidavit be served on the Respondent within three weeks and the Respondent to file their opposition within four weeks thereafter. List the matter on 14.03.2024.
(Anil Kumar Srivastava, J) Chairperson
Dated 21st December, 2023
1 issue framed by the court
Whether the delay of 56 days in filing the appeal under Section 13 of the SARFAESI Act can be condoned under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
State Bank of India
Balipati Devadas
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
