Single judge order allowing condonation of delay for filing the appeal. The Court found sufficient ground for delay due to liberty granted in a writ petition. Appeal registered as regular.
I.A. No. 309 of 2018 allowed; delay condoned; appeal registered as regular; opposition invited within two weeks.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 228 of 2018)
(Arising out of S.A. No. 31 of 2016 in DRT Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
20.01.2023 Urban Co Operative Bank Ltd. … Appellant -VsSmt. Manorama Mohanty and ors ….Respondents Mr. Lalatendu Kanungo, Learned Counsel for the Appellant Mr. N. Srinivas, Learned Counsel for the Respondent No. 2 to 5.
THE APPELLATE TRIBUNAL :
I.A. No. 309 of 2018 application for condonation of delay in preferring the Appeal. It appears that an order was passed by Learned DRT Cuttack on 16.09.2017 in the Lokadalat. Feeling aggrieved by certain observations, Appellant herein moved the Hon’ble High Court of Orissa dated 03.11. 2017 by filing a writ petition No. 22888/2017 wherein the writ petition was withdrawn with liberty to approach the DRT Cuttack for recalling the impugned order dated 16.09.2017. Subsequent thereto I.A. No. 1116 of 2017 was filed by the Appellant for recall of the order which was also dismissed by the Ld. DRT on 03.04.2018. Again, a writ petition No. 7145 of 2018 was filed by the Hon’ble High Court of Orissa which was disposed of on 11.05.2018 with liberty to approach the Appellate Authority as per Section 18
2
of the SARFAESI Act. Thereafter this appeal was filed on 07.06.2018. Learned Counsel for the Appellant submits that due to this, appeal could not be filed in time. There is some delay. Learned Counsel for the Respondent opposes the prayer.
I have considered the submissions made by the Learned Counsel for the parties and perused the record. It appears that the writ petition was filed before the Hon’ble High Court wherein liberty was granted to the Appellant. Accordingly, I find the ground to be sufficient. I.A. No. 309 of 2018 is allowed. Delay in filing the appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal number. Opposition if any, be filed within two weeks with copy to the Appellant who may file the rejoinder within two weeks thereafter.
List on 24th March, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 20th January, 2023 2/tp
1 issue framed by the court
Whether the application for condonation of delay in filing the appeal deserves to be allowed in the circumstances of the case.
1 provisions across 1 enactments
Urban Co Operative Bank Ltd.
Smt. Manorama Mohanty and ors.
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
