This order grants relief in condoning the delay in filing an appeal under Section 5 of the Limitation Act. The bench found sufficient grounds for condonation, allowing the application and directing the registration of the appeal.
Application for condonation of delay allowed; appeal directed to be registered with regular number.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 598 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
31.03.2023 Maddineni Venkateswarlu … Appellant -VsState Bank of India & 9 Others … Respondents Mr. P. Rama Sharana Sharma with Mr. Nemani Srinivas, Learned Counsel for Appellant Mr. Soham Dutta, Learned Counsel for the Respondent No. 10c
THE APPELLATE TRIBUNAL :
I.A. 399 of 2022
Application for condonation of delay in filing the appeal under Section 5 of the Limitation Act.
Notices were issued on Respondents. Respondent No. 1/Bank and all other Respondents are served. Mr. Soham Dutta, Learned Counsel, who is present, is representing Respondent No. 10. No written objection is filed.
The impugned order was passed on 8th January, 2019 in a Writ Petition No. 1751 of 2019 filed by the Appellant before the Hon’ble High Court at Telangana which was dismissed on 26th September, 2022 on the ground of alternative remedy wherein it was further observed that the period spent during the pendency of the writ petition is to be computed towards period of limitation. Further six weeks
2
time was granted; thereafter the appeal was filed on 17th October, 2022.
Having heard the Learned Counsel for the parties and perusing the record I find the ground to be sufficient for condoning the delay.
Application being I.A. 399 of 2022, 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 the matter on 12th July, 2023 for hearing of the appeal as well as the stay application, I.A. 400 of 2023.
Interim order to continue till the next date of listing.
(Anil Kumar Srivastava,J) Chairperson
Dated 31st March, 2023
02/ac
2 issues framed by the court
Whether the delay in filing the appeal should be condoned considering the time spent during the pendency of the writ petition.
Whether the appeal was filed within the permissible limitation period after condoning delay.
1 provisions across 1 enactments
Maddineni Venkateswarlu
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
