This order admits the delay in filing an appeal on补充 affidavit grounds and lists the matter for hearing. No legal proposition was decided.
Delay in filing the appeal was condoned by allowing the supplementary affidavit; Appeal admitted.
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
(Dy. No.149 of 2019) (Arising out of O.A. No. 584 of 2017 in DRT-II Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
01.03.2023
M/s Maximus ARC Ltd. … Appellant -VsM/s Balaji Resorts and ors ….Respondents
Mr. Sailesh Mishra, Learned Counsel for the Appellant Ms. Anisha Biswas, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record. Supplementary affidavit filed by the Appellant is taken on record. Impugned order was passed on 26th November, 2018 while the Appeal was filed on 20th June, 2019. Learned Counsel for the Appellant submitted that initially there was a proposal for O.T.S. due to which Appeal could not be filed but when the same failed, on that stage there was a resolution of the Bar Association not to appear. After the resumption of work, Appeal was filed. Learned Counsel for the Respondent vehemently opposed the prayer.
Having considered the submission made by the Learned Counsel for the Aoppellant, I found the ground to be sufficient. Accordingly, Application I.A. No. 421 of 2019 is allowed. Delay in filing the Appeal is condoned. Let the
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Appeal be admitted by providing a regular Appeal number. Respondent may file the opposition within four weeks with copy to the Appellant who may file the rejoinder within two weeks thereafter.
List on 5th June, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 1st March, 2023 5/tp
M/s Maximus ARC Ltd.
M/s Balaji Resorts and ors
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
