The Appellate Tribunal allowed an application for condonation of 24 days' delay in filing an appeal, finding sufficient grounds for condonation.
Delay of 24 days in filing the appeal was condoned and the application was allowed.
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. 153 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.02.2023 Tata Capital Housing Finance Limited … Appellant -Vs-
B. Sravan Kumar & 2 Others
… Respondents
Mr. Rajeev Maity with Ms. K. Dev, Learned Counsel for Appellant
Mr. Nemani Srinivas, Learned Counsel for Respondent No. 1
THE APPELLATE TRIBUNAL :
I.A. 92 of 2020
This is an application under Section 5 of the Limitation Act for condonation of 24 days delay in filing the appeal.
Learned Counsel for the Appellant submits that delay is not intentional.
Learned Counsel for Respondent Bank orally objected and submitted that no
ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay. Delay is condoned.
Application being I.A. 92 of 2020, is allowed.
Appeal be registered by supplying regular number.
Respondent No. 1 is represented through Mr. Nemani Srinivas. Issue fresh
notices upon Respondents No. 2 and 3 and Affidavit-of-service be filed within two weeks.
Opposition be filed within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List the matter on 7th June, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 28th February, 2023 02/ac
1 issue framed by the court
Whether delay of 24 days in filing appeal is sufficient to condone under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Tata Capital Housing Finance Limited
B. Sravan Kumar
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
