In an application for condonation of delay under Section 5 of the Limitation Act citing the pandemic, the Tribunal found the ground sufficient and allowed the application to register the appeal.
Application for condonation of delay 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. 424 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.02.2023 Pammi Singh … Appellant -VsUnion Bank of India & Another … Respondents
Mr. A. K. Dhandhania, Learned Senior Advocate with Ms. Ranjana Seal, Ms. Sucheta Mitra and Mr. Aditya Mishra, Learned Counsel for Appellant
Ms. Sanjana Nandi, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. 321 of 2021
This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
Respondents are served but none is present.
Impugned order was passed on 12th March, 2021 while the appeal was filed on 3rd August, 2021. Appellant states that due to Covid-19 pandemic the appeal could not be filed within the limitation period. Reliance is placed on a judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Application being I.A. 321 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 9th June, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 28th February, 2023 03/ac
1 issue framed by the court
Whether delay in filing appeal due to Covid-19 pandemic can be condoned under Section 5 of the Limitation Act.
Colour shows how this judgement treated each authority
Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021Referred¶11
1 provisions across 1 enactments
Pammi Singh
Union Bank of India & Another
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
