The Appellate Tribunal allowed the condonation of a 21-day delay in filing the appeal under Section 5 of the Limitation Act due to the appellant's counsel's illness. The appeal was registered as regular and listed for hearing.
Condonation of delay for 21 days; appeal registered as regular appeal; listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 57 of 2022)
(Arising out of T.A. No.1327 of 2013 in DRT-1 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
02.02.2023
Indian Bank … Appellant -VsM/s Shree Krishna International and anr ….Respondents Mr. Baran Kumar Bose, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Respondents are served through paper publication but none is represented. Dy. No. 190 of 2019 has been filed for condonation of delay under Section 5 of Limitation Act in preferring the Appeal. Impugned order was passed on 17.06.2019 while the Appeal was preferred on 20.08.2019 with a delay of 21 days. Learned Counsel for the Appellant submits that the delay was due to the illness of the Learned Counsel. This fact is not controverted. Accordingly, I found the ground to be sufficient and Dy. No. 190 of 2019 is allowed. Delay in filing the Appeal is condoned. Appeal be
2
registered as regular appeal by providing regular appeal number.
List on 12th April, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 2nd February, 2023
4/tp
2 issues framed by the court
Whether condonation of delay under Section 5 of the Limitation Act is justified in the absence of opposing counsel.
Whether the appeal is to be registered as a regular appeal after condonation of delay.
1 provisions across 1 enactments
Indian Bank
M/s Shree Krishna International and anr
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
