The Debt Recovery Appellate Tribunal allowed an application to condone a 7-day delay in filing an appeal by the appellant, deemed not intentional. The appeal was admitted, with a request to implead an auction purchaser.
Application for condoning delay allowed; appeal admitted; time granted to implead auction purchaser.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 428 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
03.03.2023
State Bank of India … Appellant -Vs-
Smt. Vallure Ganga Bhavani
… Respondents
Mr. S. Pal Chowdhury, ld. Counsel Counsel for the appellant. Mr. J. Amarnath, ld counsel for the respondent
THE APPELLATE TRIBUNAL :
I.A. 258 of 2020 is filed by the appellant u/s 5 of the Limitation Act praying for condoning the delay of 7 days in preferring the appeal. Learned counsel for the appellant submits that delay was not intentional, it was occurred due to certain cause which was beyond control of the appellant.
Learned counsel for the respondent opposes the prayer.
Having considered submissions made by the parties and perusing records I find that ground taken by the appellant to be sufficient for condoning the delay. Accordingly, I.A. 258 of 2020 is allowed. Delay in preferring the appeal is condoned. Instant I.A. is thus disposed of.
Appeal is admitted. Regular appeal number be provided by the Registry. Learned counsel for the appellant prays for and granted time to implead the auction purchaser. Appellant may file appropriate application within two weeks.
List on 20.06.2023 for hearing of the application of impleadment.
(Anil Kumar Srivastava,J) Chairperson
Dated: 02 March, 2023 10/pkb
1 issue framed by the court
Whether delay of 7 days in filing appeal should be condoned.
State Bank of India
Smt. Vallure Ganga Bhavani
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
