The Appellate Tribunal dismissed an interim application seeking condonation of delay for filing an appeal, rejecting the accused reason as insufficient. Consequently, the pending appeal was declared time-barred and dismissed.
InterimApplication_384_2018_dismissed;Appeal_255_2018_dismissed_as_time_barred
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 255 of 2018
(Arising out of S.A. 659 of 2017 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
02.03.2023
K. Chiranjeevi Reddy … Appellant -Vs-
K. Jayaprakash Reddy & Another … Respondents
Mr. Sreyash Basu Dasgupta representing Mr. Nemani Srinivas, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
I.A. 384 of 2018
In this application Appellants have prayed for condonation of delay in filing the appeal.
The impugned order was passed on 7th August, 2017 while the appeal was filed on 7th September, 2018. In the application, under Section 5 of the Limitation Act, only ground taken by the Appellant is that the file was misplaced during shifting of the Advocate’s office which could not be said to be a good ground for condoning the delay of 366 days in filing the appeal. It appears that the Appellant himself was not vigilant in proceeding with the appeal.
Since the Appellant failed to show any sufficient cause for condoning the delay in filing the present appeal, I do not find any ground or reason to condone the delay.
Accordingly, I.A. 384 of 2018, under Section 5 of the Limitation Act, is dismissed.
2
Accordingly, the appeal, being Appeal No. 255 of 2018 , also stands dismissed as time barred.
Copy of the order be supplied to Appellants and the Respondent Bank and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated, signed, dated and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 2nd March, 2023 02/ac
2 issues framed by the court
Whether condonation of delay in filing the appeal should be granted due to misplacement of the title at the Advocate's office.
Whether the appeal filed beyond the limitation period should be allowed.
1 provisions across 1 enactments
K. Chiranjeevi Reddy
K. Jayaprakash Reddy
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
