The Appellant applied for condonation of a 63-day delay to file an appeal attributed to his wife's critical illness. The Chairperson found sufficient grounds and allowed the application, registering the appeal.
Allowance of the application for condonation of delay and registration of the appeal as a regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 302 of 2019)
(Arising out of S.A. No.205 of 2016 in DRT-Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
02.02.2023 Madhgala Krishna Rao … Appellant -VsUnion Bank of India ….Respondents Mr. Saket Chowdhury, Learned Counsel for the Appellant Mr. S. Pal Chowdhury, Learned Counsel, Ms. Saswati Sikdar, Learned Counsel for the Respondent No.1
THE APPELLATE TRIBUNAL :
I.A. No. 522 of 2019 application under Section 5 of Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 05.07.2019 while the Appeal was filed on 25.10.2019. There is a delay of 63 days excluding the period for obtaining the certified copy of the impugned order. Learned Counsel for the Appellant submits delay was not intentional and was beyond the control of the Appellant as his wife was critically ill. She had to take her to Hyderabad for treatment.
2
Learned Counsel for the Respondent No. 1 opposes the prayer.
Having gone through the record, I found the ground to be sufficient. Accordingly, I.A. No. 522 of 2019 is allowed and delay in preferring the appeal is condoned. Let the Appeal be registered as regular Appeal by providing the regular Appeal number. Respondent No. 1 is represented through Mr. S. Pal Chowdhury, Learned Advocate while Respondent Nos. 2 to 4 are served but not represented.
Opposition if any, be filed within four weeks with advance copy to the Appellant who may file rejoinder within three weeks thereafter.
List on 11th April, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 2nd February, 2023
6/tp
1 issue framed by the court
Whether the delay in filing the appeal under Section 5 of the Limitation Act is sufficient to be condoned?
1 provisions across 1 enactments
Madhgala Krishna Rao
Union Bank of India
Anil Kumar Srivastava
As recorded by the court registry
17 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
