Allowed

Fulletron India Credit Company Ltd. and Anr. v. Mr Nilesh Doshi

DRAT28 Feb 2023REGULAR APPEAL/39/2023

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal condoned the delay in filing the appeal due to the Covid pandemic as permitted under Section 5 of the Limitation Act, allowing the appeal to be registered as a regular appeal.

What did the court decide?

The application for condonation of delay under Section 5 of the Limitation Act was allowed; the appeal was granted a regular appeal number.

Fulletron India Credit Company Ltd. and Anr. versus Mr Nilesh… — Banking and Recovery | DRAT (2023)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

¶2

(Dy. No.322 of 2021

¶3

(Arising out of S.A. No. 281 of 2017 in DRT-3, Kolkata)

¶4

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

¶5

CHAIRPERSON

¶6

28.02.2023	Fullerton India Credit Company Ltd. & ors. … Appellant -Vs- Nilesh Doshi ….Respondents
	Md. Mir Hassan, Learned Counsel for the Appellant Mr. D. Basu Roy, Learned
	Counsel Ms. Sarmistha Poddar,
	Learned Counsel for the Respondent

¶7

THE APPELLATE TRIBUNAL :

¶8

I.A. No. 253 of 2021 application under Section 5 of Limitation Act for condonation of delay in filing the Appeal Impugned order was passed on 5^th August, 2020 while the appeal was preferred on 8^th April, 2021. It is submitted that due to Covid pandemic situation, Appeal could not be preferred in time.

¶9

As has been held in the judgment of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3/2020, extension of limitation is to be granted. Accordingly, I found the ground to be sufficient. I.A. No. 253 of 2021 is allowed. Delay in filing the Appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal number. Respondent may file the opposition

¶10

¶11

within four weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.

¶12

List on 5^th June, 2023 for hearing of Appeal.

¶13

(Anil Kumar Srivastava,J) Chairperson

¶14

Dated: 28^th February, 2023 5/tp

Fulletron India Credit Company Ltd. and Anr. v. Mr Nilesh Doshi

Case brief

What is this about?

What did the court decide?

Fulletron India Credit Company Ltd. and Anr. v. Mr Nilesh Doshi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ms Vishal and Vishal versus Punjab National Bank

Via Rd 2 versus Andhra Bank

Dr Binod More versus Indian Overseas Bank & Ors.

Dr. Tasneem Fatima Khatoon versus State Bank of India

M/S Allied Retail India Pvt. Ltd. versus State Bank of India

Ms Penguin Textiles Ltd. versus Indian Bank