The Tribunal allowed an application for condonation of delay under Section 5 of the Limitation Act regarding the filing of a regular appeal in a DRT matter.
Application for condonation of delay allowed; delay condoned.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal dy No. 75 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.03.2023
IDBI Bank Ltd. & Anr.
-VsSri Gouri Shankar Banerjee & Ors.
… Respondent Mr. A. Gaggar, ld. Counsel for the appellant. None for the respondent.
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record. Respondent was served but not represented.
Appellant has filed I.A. 44 of 2020 u/s 5 of the Limitation Act seeking condonation of delay of 147 days. Impugned order was passed on 29.07.2019 while appeal was filed on 24.01.2020. Learned counsel for the appellant submits that erstwhile counsel for the appellant bank did not inform the bank about the impugned order and communicated the order only on 31.08.2019 thereafter certified copy was obtained and legal opinion was sought from the Central Office of the bank and then appeal was filed. Learned counsel submits that delay is not intentional rather procedural.
Respondents have neither appeared nor filed objection to the I.A.
Having gone through the records and considering the facts and reasons explained in the I.A., I find the ground to be sufficient to condone the delay. Hence, I.A. No. 44 of 2020 is allowed. Delay is condoned. I.A. is thus disposed of.
Appeal be registered as regular appeal.
Appellant is directed to issue notice to the respondents.
Affidavit of service be filed within three weeks.
List on 26.06.2023 for hearing the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 14 March, 2023 11/pkb
1 provisions across 1 enactments
IDBI Bank Ltd. & Anr.
Sri Gouri Shankar Banerjee & Ors.
Anil Kumar Srivastava
As recorded by the court registry
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