Allowed

Canara Bank v. Xenon Exports India Private Limited and Anr.

DRAT21 Feb 2023REGULAR APPEAL/30/2023

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal at Kolkata allowed an application for condonation of delay of 226 days in filing an appeal by the appellant bank. The court found the explanation regarding internal delays in obtaining no objection sufficient and ordered the appeal to be registered, listing it for hearing.

What did the court decide?

Condoned delay of 226 days in filing the appeal; Appeal registered and listed for hearing on 10.05.2023.

Canara Bank versus Xenon Exports India Private Limited and Anr. — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal Dy No. 237 of 2019

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

21.02.2023

Canara Bank

… Appellant

M/s. Bhadri Impex Pvt. Ltd. & Anr.

¶7

… Respondents

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Mr. Debasish Chakraborty, ld. Counsel with Ms. S. Pal, ld counsel for the appellant.

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Mr. N. Srinivas, ld. Counsel for the respondent.

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THE APPELLATE TRIBUNAL :

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I.A. No. 521 of 2019 is filed by the appellant u/s 5 of the Limitation Act praying for condonation of delay of 226 days in filing the appeal. Impugned order was passed on 12.02.2019 whereas appeal is filed on 27.09.2019.

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Admittedly there is delay in the filing the appeal. In order to find out the cause of delay, appellant bank was directed to conduct enquiry fixing responsibility for the lapse. Today learned counsel for the appellant filed an affidavit affirmed by Assistant General Manager of the bank wherein it is submitted that specific responsibility could not be fixed upon any officials of the appellant bank.

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As far as delay is concerned learned counsel for the appellant submits that delay was caused due to the reason that opinions were sought at different levels for filing the appeal and much time has elapsed in obtaining no objection from the competent authority.

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Learned counsel for the respondent opposes the I.A. for condonation of delay.

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Having considered the submission of the learned counsel for the appellant and perusing records, I find that ground explained in the I.A. to be sufficient for condonation of delay in filing the appeal. Accordingly, I.A. No. 521 of 2019 is allowed. Delay is condoned.

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Let the appeal be registered and regular appeal number be

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provided.

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Opposition be filed within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter. List on 10.05.2023 for hearing the appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 21 February, 2023 01/pkb

Canara Bank v. Xenon Exports India Private Limited and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Xenon Exports India Private Limited and Anr.

Case brief

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What did the court decide?

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