In an interim order, the DRT-Appeal Tribunal at Kolkata condoned the delay in filing an appeal against a DRT order. The Tribunal found the explanation for delay sufficient and allowed the application to ensure the appeal was filed.
Application for condonation of delay was allowed.
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
Appeal No. 53 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
16.06.2023 Patibanddla Harshini … Appellant -VsVijaya Bank & 3 Others … Respondents
Mr. Malay Bhattacharya with Ms. Sudipa Sengupta, Learned Counsel for Appellant
Mr. Anirban Pramanick with Ms. Subhasree Dey, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. 549 of 2019
Application for condonation of delay in filing the appeal. Impugned order was passed on 4th January, 2019 by DRT-I, Hyderabad. Appellant preferred a writ petition, being W.P. No. 1958 of 2019, before the Hon’ble High Court of Telangana at Hyderabad, which was disposed of vide order dated 18th February, 2019 giving liberty to the Appellant to prefer an appeal. Accordingly, the appeal was filed. After passing of the order by the Hon’ble High Court, Appellant contacted the Learned Counsel and filed the appeal.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.
2
The application, being I.A. 549 of 2019, is allowed by condoning the delay.
I.A. 548 of 2019
Learned Counsel for Respondent prays for a week’s time to file objection against the waiver application, I.A. 549 of 2019. Objection be filed within a week.
List on 17th July, 2023 for compliance of order dated 28th March, 2023 and disposal of I.A. 548 of 2019.
(Anil Kumar Srivastava,J) Chairperson
Dated 16th June, 2023
11/ac
2 issues framed by the court
Whether delay in filing appeal under Section 17 of the Recovery of Debts and Bankruptcy Act, 1993 can be condoned.
Whether liberty to file appeal granted by High Court permits filing appeal later via condonation of delay application.
Patibanddla Harshini
Vijaya Bank
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
