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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appl No. 43 of 2021)
(Arising out of S.A. No. 159 of 2017 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.02.2023
Canara Bank … Appellant -VsDivvela Raja Ganapathi Rao and ors ….Respondents Ms. Aparajita Ghosh, Learned Counsel Ms. Sarbani Ghosal, Learned Counsel for the Appellant Mr. N. Srinivas, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 187 of 2020 an application for condonation of delay in preferring the Appeal. Impugned order was passed on 03.03.2020 when the Appeal was filed on 16.09.2020. Learned Counsel for the Appellant submits that due to the Covid 19 pandemic, Appeal could not be filed in time. She has placed reliance upon the judgment of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3/2020.
In view of the law laid down by the Hon’ble Apex Court, I find the ground to be sufficient. Accordingly, I.A. No. 187 of 2020 is allowed. Delay in filing the Appeal is condoned. Appeal is admitted. Opposition if any, be filed within four
2
weeks with copy to the Appellant who may file rejoinder within three weeks thereafter.
List on 17th April, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 6th February, 2023 4/tp
Canara Bank
Divvela Raja Ganapathi Rao and ors.
Anil Kumar Srivastava
As recorded by the court registry
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