Appeal against dismissal of O.A. 291/2017. Granted permission to appeal subject to payment of cost of Rs. 5,000 to DRT Bar Association within one week.
Application to condone delay allowed subject to payment of Rs. 5,000 cost to DRT Bar Association within one week.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 133/2023 (CoD) In Appeal on Diary No. 1285/2022
Between
SICOM Ltd.
V/s. Official Liquidator of Aqua Logistics Ltd. & Ors. …Respondent/s Mr. Rajesh Nagory, Advocate for Appellant. Mr. Sujeet Kurup, Advocate for Official Liquidator.
The Appellant is the Original Applicant in O.A. No. 291/2017 on the files of the Debts Recovery Tribunal-II, Mumbai (D.R.T.). The said O.A. was dismissed vide order dated 22.09.2022 for not filing CAOD on time and the Ld. Presiding Officer declined to grant a further adjournment. The Appellant has filed this appeal with a delay of 54 days on 24.11.2022. The reason for the delay has been stated in the application and an accompanying affidavit stating that the Appellant is a Public Sector Organization because of the formalities that were required for granting sanction to file an appeal and challenge the order, some delay was caused.
reason to decline the application for condoning the delay. Since the O.A. is filed in the year 2012 in D.R.T.-I, Mumbai and then transferred to D.R.T. –II, Mumbai and re-filed in 2017, the application for condonation of delay can be allowed only on put terms. Hence, the application is allowed, subject to payment of the cost of ₹5,000/- to the DRT Bar Association, Mumbai for the purchase of books and periodicals within a period of one week, failing which, the application shall stand dismissed.
Post on 20.03.2023 before the Registrar for compliance regarding cost.
Sd/Chairperson
mks-19
2
1 issue framed by the court
Whether to condone a 54-day delay in filing an appeal in respect of an order of dismissal under the SARFAESI Act for want of CAOD.
SICOM Ltd.
Official Liquidator of Aqua Logistics Ltd.
Ashok Menon
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
