In an interim order dated 01/03/2023, the Debt Recovery Appellate Tribunal condoned a six-day delay in filing an appeal regarding auctioned property, finding the reason acceptable in the interests of justice.
Condonation of six days delay in filing appeal; order to file appeal.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
IA. No. 91/2023 (CoD) In Appeal on Diary No.41/2023
Between
Nitesh Manharlal Bajaj & Ors. … Appellant/s V/s. M/s Key Man & Co. & Ors. …Respondent/s
Ms Aparna Jagtap, i/b Mrs Uma Fadia, Advocate for Appellants. Padam, Advocate for Respondent No.1.
Ms Meenu P., i/b Mrs Rathina Maravarman, Advocate for Respondent No. 2.
Ms Mumtaz Khan, Advocate for Respondent No. 3.
-: Order dated: 01/03/2023:-
Respondents Nos. 1 and 3 have filed their replies to the application for condonation of delay out of time and therefore, it was not accepted by the office. The copies of the replies have already been handed over to the counsel appearing for the Appellants and he has no objection that the replies being received. Hence the replies filed by Respondents Nos. 1 & 3 are accepted.
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by the order and hence in the appeal.
Respondents Nos. 1 & 3 have vehemently opposed the application. But considering the submissions made and the averment in the application, I find that the delay is not significant therefore, the delay is to be condoned in the interests of justice.
The Office is directed to take an appeal on file if there are no other defects to be cured.
Post on 20.03.2023 before the Registrar for compliance.
Sd/-
Chairperson
mks-20
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1 issue framed by the court
Whether the delay of six days in filing the appeal is sufficient to be condoned in the interests of justice.
Nitesh Manharlal Bajaj & Ors.
M/s Key Man & Co. & Ors.
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
