The court allowed the application to condone a 286-day delay in filing an appeal under Section 5 of the Limitation Act, relying on a suo motu exemption granted by the Hon'ble Apex Court. The parties were adjourned for hearing.
I.A. 76 of 2021 allowing condonation of delay was granted. The appeal was registered and listed for hearing on 19.06.2023.
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 Dy No. 97 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
16.03.2023
Dr. Dipankar Chakrabarty
… Appellants
-VsAllahabad Bank & Ors.
… Respondents Appellant in person. Mr. D. Chakraborty, ld. Counsel with Ms. S. Pal, ld. counsel for the respondent.
THE APPELLATE TRIBUNAL :
I.A. 76 of 2021 is filed by the appellant u/s 5 of the Limitation Act for condoning the delay of 286 days in filing the appeal.
Instant appeal is preferred against the order dated 19.02.2020 and 06.03.2020 passed by learned DRT. Appellant submits that Hon’ble Apex Court in Suo Motu Writ Petition No. 03 of 2020 dated 10.01.2022 exemption for a period of 90 days from 01.03.2022 was granted. Appellant prays that delay may be condoned.
In view of the suo motu judgement of Hon’ble Apex Court the delay in filing the appeal is condoned. I.A. 76 is allowed.
Appeal be registered by providing regular appeal number. Respondents may file opposition within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter.
List on 19.06.2023 for hearing appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 16 March, 2023 09/pkb
1 issue framed by the court
Whether the delay of 286 days in filing the appeal should be condoned in light of the apex court's suo motu exemption order.
1 provisions across 1 enactments
Dr. Dipankar Chakrabarty
Allahabad Bank & 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
