Single judge allowed condonation of 33 days delay in filing appeal under Section 5 of the Limitation Act. Appeal registered for hearing.
IA For condonation of delay allowed. Appeal registered.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 10 of 2019
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
24.03.2023 Bonthu Aruna & Another … Appellants -VsState Bank of India & 6 Others … Respondents Mr. V.V. Ramana, Learned Counsel for Appellant Ms. Mekahla Kanji, Learned Counsel for the RespondentNo. 1/ Bank
THE APPELLATE TRIBUNAL :
Learned Counsel for the Appellant submits that the appeal was filed along with free copy of the judgment and prays for, and is granted, two weeks time to file the certified copy of the judgment.
I.A. 535 of 2019
This is an application under Section 5 of the Limitation Act for condonation of 33 days delay in filing the appeal. Learned Counsel for the Appellant submits that the delay was not intentional and was caused while complying procedural formalities.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
2
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay.
Application being I.A. 535 of 2019, is allowed. Delay in filing the appeal is condoned.
Appeal be registered by supplying regular number.
Opposition be filed within four weeks with advance copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List on 6th July, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 24th March, 2023 02/ac
1 issue framed by the court
Whether the condonation delay in filing the appeal appeals under Section 5 of the Limitation Act under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Bonthu Aruna & Another
State Bank of India & 6 Others
Anil Kumar Srivastava
As recorded by the court registry
15 orders share this CNR
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