Canara Bank v. Ms Rajeswari Dairy and Anr.

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Dy. No. 08 of 2022) (Arising out of S.A. No. 457 of 2018 in DRT Visakhapatnam)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

CHAIRPERSON

14.03.2023

Canara Bank … Appellant -VsM/s Rajeswari Dairy & anr ….Respondents

Ms. Aparajita Ghosh, Learned Counsel Mr. Souvik Ghosh, Learned Counsel for the Appellant Ms. Swarnali Dutta, Learned Counsel for the Respondent No. 1 Mr. N. Srinivas, Learned Counsel for the Respondent No. 2/auction purchaser

THE APPELLATE TRIBUNAL :

I.A. No. 4 of 2022 application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 4^th August, 2021 while the Appeal was filed on 24^th January, 2022. In view of the law laid down by the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3/2020, delay in filing the Appeal is duly covered under that judgment. Accordingly, delay in filing the Appeal is condoned. Let the Appeal be registered as a regular appeal by providing a regular Appeal number. Respondent No. 1 and 2 are represented. They may file the