In IA 270 of 2021, the Debt Recovery Appellate Tribunal allowed the condonation of delay in filing an appeal against an impugned order. The delay was attributed to the Covid-19 illness of Appellant No. 3, which was found to be sufficient grounds.
Condonation of delay in filing the appeal was allowed; appeal to be registered.
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
Diary No. 347 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
22.02.2023
M/s. Jay Jagannath Castings Private Limited & 2 Others
… Appellants
-Vs-
UCO Bank & 2 Others … Respondents
Mr. Aniruddha Bhattacharya, Learned Counsel for Appellants
Mr. Sailesh Mishra, Learned Counsel for Respondent No.1/Bank
THE APPELLATE TRIBUNAL :
I.A. 270 of 2021
In this application Appellants have prayed for condonation of delay in filing the appeal for setting aside the impugned order dated 10th February, 2021 passed by Debts Recovery Tribunal, Cuttack.
Appeal was filed on 21st April, 2021. Appellants state that Appellant No. 3 was suffering from Covid-19 hence the appeal could not be filed within the limitation period.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay.
Application being I.A. 270 of 2021, is allowed.
Appeal be registered by supplying regular appeal number.
Opposition be filed by the Respondents within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
List on 6th June, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 22nd February, 2023 05/ac
1 issue framed by the court
Whether the condonation of delay in filing the appeal due to Covid-19 illness of Appellant No. 3 is justified.
M/s. Jay Jagannath Castings Private Limited & 2 Others
UCO Bank & 2 Others
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
