The Bench allowed an interim application for condonation of 30 days delay in preferring an appeal. The appeal was registered as regular and listed for hearing.
Interim application allowed; appeal registered; respondents served; return filed within four weeks; rejoinder filed within two weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 232 of 2021)
(Arising out of S.A. No.237 of 2017 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
15.02.2023 Ms. C. Tel Infosystems Pvt. Ltd. … Appellant -VsIndian Bank & ors ….Respondents Mr. N. Srinivas, Learned Counsel for the Appellant. Mr. Debasish Chakrabarty, Ld. Counsel, Ms. Sarmistha Pal, Learned Counsel for the Respondent Nos. 1 and 2. Ms. Swarnali Dutta, Learned Counsel for the Respondent No. 3.
THE APPELLATE TRIBUNAL :
I.A. No. 183 of 2021 application under Section 5 of the Limitation Act for condonation of delay of 30 days in preferring the Appeal. Impugned order was passed on 11th January, 2021. Appeal was filed on 12th March, 2021. Learned Counsel for the Appellant submits that the delay was not intentional. The delay in filing the appeal is for reasons beyond the control of the Appellant as he was out of the town and could not know about the impugned order.
2
Having heard the Learned Counsel for the parties, I found the ground to be sufficient. Accordingly, I.A. No. 183 of 2021 is allowed. Delay in filing the Appeal is condoned.
Appeal be registered as regular appeal by providing a regular appeal number. Respondent Nos.1, 2 and 3 are served with memo of appeal. Opposition be filed within four weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.
List on 25th April, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 15th February, 2023
6/tp
1 issue framed by the court
Whether the delay of 30 days in filing the appeal was bona fide and necessitated a condonation under Section 5 of the Limitation Act.
Ms. C. Tel Infosystems Pvt. Ltd.
Indian Bank
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
