The tribunal allowed a condonation of delay application for filing a limited appeal due to delay in obtaining the impugned order's certified copy. The appeal hearing was adjourned.
I.A. allowed and delay in filing limited appeal is condoned.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 138 of 2018 (Arising out of SA 73 of 2018 in DRT- 3 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
03.02.2023
Bank of Baroda & Anr.
… Appellant
-VsCygnus Equipments & Rentals Pvt. Ltd., … Respondents Ms. R. Seal, ld. Counsel for the appellant. Mr. J. Basu Ray, ld. Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 159 of 2022
This I.A. is filed by the appellant u/s 5 of the Limitation Act, 2002 praying for condonation of delay of six days. Learned counsel for the appellant submits that little delay has occurred in obtaining certified copy of the order impugned. Having considered the submission made by the learned counsel for the appellant and perused records, I find that there is sufficient ground for condonation of delay in filing the appeal. Accordingly, instant I.A. is allowed and delay is condoned. I.A. is thus disposed of.
Regular appeal number be provided by the Registry.
Ms. R. Seal, learned counsel, holding the brief of Ms. Jayati Chowdhury, ld. Counsel for the appellant, prays for an adjournment on the personal ground of Ms. Chowdhury. Learned counsel for the respondent does not oppose the prayer for adjournment but submits that till today copy of the paper-book along with other applications have not been served in spite of
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specific order. Learned counsel for the appellant submits that paper book along with other connected applications shall be served during the course of the day.
Opposition be filed within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter. List on 11.04.2023 for hearing the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 03 February, 2023 01/pkb
Bank of Baroda & Anr.
Cygnus Equipments & Rentals Pvt. Ltd.
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
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