The Appellate Tribunal condoned a delay of 43 days in filing an appeal against an impugned order of 20th September 2019. The delay was attributed to a change in legal counsel and time needed to prepare documents. The appeal was allowed and registered.
Condonation of delay in filing the appeal allowed; appeal registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 435 of 2019) (Arising out of T.A. 559 of 2001 in DRT-II, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
02.01.2023 Abdul Hannan Molla & Another … Appellants -VsCanara Bank … Respondent Mr. Arnab Dutt with Ms. Sabana Khatun, Learned Counsel for Appellants
THE APPELLATE TRIBUNAL :
I.A. 523 of 2019
Affidavit-of-service filed is taken on record.
Respondent Bank is served but no objection is filed against I.A. 523 of 2019, an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
The impugned order was passed on 20th September, 2019 while the appeal was preferred on 23rd December, 2019. There was delay of 43 days. Learned Counsel submits that since there has been a change in the brief, the newly appointed Advocate took some time in obtaining/collecting the papers and preparing the Memo of Appeal.
No objection has been filed by the Respondent Bank and going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.
The application, being I.A. 523 of 2019, is allowed by condoning the delay.
Appeal be registered by supplying regular number.
List the mater on 3rd April, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 2nd January, 2023 02/ac
1 issue framed by the court
Whether the delay of 43 days in filing the appeal should be condoned.
1 provisions across 1 enactments
Abdul Hannan Molla & Another
Canara Bank
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
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