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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appl No. 32 of 2021) (Arising out of O.A. No. 725 of 2002 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.02.2023
Canara Bank … Appellant -VsM/s Associated Automotives & ors ….Respondents Ms. Aparajita Ghosh, Learned Counsel Ms. Sarbani Ghosal, Learned Counsel for the Appellant Mr. N. Srinivas, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 280 of 2021 an application for condonation of delay in preferring the Appeal. Impugned order was passed on 01.09.2020 when the Appeal was filed on 28.04.2021. Learned Counsel for the Appellant submits that due to the Covid 19 pandemic, Appeal could not be filed in time. She has placed reliance upon the judgment of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3/2020.
In view of the law laid down by the Hon’ble Apex Court, I find the ground to be sufficient. Accordingly, I.A. No. 280 of 2021 is allowed. Delay in filing the Appeal is condoned. Appeal is admitted. Opposition if any, be filed within four
2
weeks with copy to the Appellant who may file rejoinder within three weeks thereafter.
List on 16th March, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 6th February, 2023 2/tp
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (Civil) No(s) 3/2020Referred¶8
Canara Bank
M/s Associated Automotives & ors
Anil Kumar Srivastava
As recorded by the court registry
15 orders share this CNR
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