The Debts Recovery Appellate Tribunal condoned an eleven-day delay in filing an appeal by the Appellant Bank, allowing the application and directing registration of the appeal, notice issuance, and hearing listing.
Condonation of eleven days delay in filing appeal; application allowed; appeal to be registered; notice issued and future filings scheduled.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 350 of 2019 (Arising out of O.A. 186 of 2014 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
16.02.2023 Indian Bank … Appellant -VsM/s. S.P. Enterprise & 2 Others … Respondents
Mr. Pralay Kar, Learned Counsel for the Appellant Bank
THE APPELLATE TRIBUNAL :
I.A. 59 of 2022
In this application Appellants have prayed for condonation of eleven days delay in filing the appeal. It is submitted that delay was not intentional and was caused in course of obtaining legal opinion.
Respondents are served but not represented.
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. 59 of 2022, is allowed by condoning the delay.
Appeal be registered by supplying regular appeal number.
Issue notice to the Respondents and Affidavit-of-service be filed within two weeks.
Opposition be filed within two weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 25th April, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 16th February, 2023 04/ac
1 issue framed by the court
Whether delay in filing the appeal caused by obtaining legal opinion can be condoned.
INDIAN BANK
M/S. S.P. ENTERPRISE & 2 OTHERS
ANIL KUMAR SRIVASTAVA
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
