The Appellate Tribunal allowed a filing of I.A. for condonation of delay in filing an appeal. The court treated the filing of a review application as a valid ground for granting time. The appeal was registered as regular and listed for hearing.
I.A. 22 of 2023 and I.A. 164 of 2023 allowed; delay condoned; appeal registered and listed.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl No. 07 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
07.06.2023
Union Bank of India
… Appellant Vs. Sri Kandra Hari Babu ….. Respondent
For Appellant : Mr. Pankaj Kr. Mukherjee, ld. Counsel For Respondent : Mr.Debraj De, ld. Counsel. Mr. Anurag Kumar, ld. Counsel.
THE APPELLATE TRIBUNAL :
I.A. 22 of 2023 and supplementary to the I.A. being I.A. 164
of 2023 have been filed by the appellant u/s 5 of the Limitation Act for condonation of 17 days delay in filing the appeal. Impugned order was passed on 03.10.2022 while this appeal was filed on 11.01.2023.
Learned counsel for the appellant submits that appellant had preferred a review application against the impugned order which was dismissed on 12.12.2022. Thereafter appeal was preferred after obtaining certified copy. Learned counsel for the appellant submits that benefit of Section 14 of the Limitation Act may be granted to the appellant.
Learned counsel for the respondent opposes the prayer for condonation of delay.
Appeal was preferred against the impugned order dated 03.10.2022. Thereafter review application was filed which was dismissed. Now impugned order dated 03.10.2022 stands. As far
as present appeal is concerned having heard the learned counsel for the parties I find that the ground taken by the appellant to be sufficient for condonation of delay. Accordingly, I.A. 22 of 2023 and I.A. 164 of 2023 are allowed. Delay in filing the appeal is condoned.
Appeal be registered as regular appeal by providing regular appeal number.
Respondent may file opposition within four weeks with copy to the appellant who may file rejoinder within two weeks thereafter.
List on 10.08.2023 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 07.06.2023 01 /pkb
1 issue framed by the court
Whether delay in filing the appeal was sufficiently explained for condonation under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Union Bank of India
Sri Kandra Hari Babu
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
