The Debt Recovery Appellate Tribunal condoned a 32-day delay in filing an appeal against a dismissal order by the Debts Recovery Tribunal, Mumbai, finding the delay minimal and adequately explained.
Condonation of 32-day delay in filing appeal; application allowed; appeal to be taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 460/2023 (CoD) In Appeal on Diary No. 797/2023
Between
Bharati Surendra Khandhar … Appellant/s V/s.
State Bank of India &Ors. …Respondent/s
Mr. Chirag Mody, along with Mr Yogesh Deshpande,i/b M/s YKD & Associates, Advocate for Appellant.
Ms. Saraswati Rajpurohit, along with Mr Charles D’souza, Advocate for Respondent Bank.
-: Order dated: 28/07/2023:-
The Appellant is in appeal impugning the dismissal of S.A. No. 189/2021 on the files of Debts Recovery Tribunal-II, Mumbai (D.R.T) dismissing the S.A. The Appellant is aggrieved and hence in appeal. The impugned order is dated 17.03.2023 and the appeal was filed only on 19.05.2022 with a delay of 32 days. The Appellant seeks to condone the delay stating that the delay was caused by getting to know about the order and the filing of the appeal.
The Respondent No. 1 bank has filed a reply opposing the application for condonation stating that the reasons stated in the application are not sufficient and cannot be accepted.
After having heard the rival contentions, I am of the opinion that the delay is only 32 days and hence needs to be condoned.
The application is allowed and the appeal shall be taken on file
1
if there are no other defects to be cured.
Sd/Chairperson
Post on 09.08.2023 before Registrar.
rm-2
2
2 issues framed by the court
Whether a delay of 32 days in filing an appeal can be condoned.
Whether the explained ground of not knowing the order date is a sufficient cause for delay.
1 provisions across 1 enactments
Bharati Surendra Khandhar
State Bank of India
Ashok Menon
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
