The tribunal allowed an application for condonation of a five-day delay in filing the appeal. The appeal was then registered as a regular appeal and listed for hearing.
I.A. No. 137 of 2023 allowed; five-day delay condoned; appeal registered and listed for hearing on 21.06.2023.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 165 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.04.2023
UCO Bank
… Appellant
-VsAnjan Kumar Dey & Anr. … Respondents Mr. S. N. Patra Bhatta, ld. Counsel for appellant.
Ms. Sumita Dutta, ld. Counsel with Ms. Sudipa Biswas, ld. Adv. for the respondent.
THE APPELLATE TRIBUNAL :
I.A. No. 137 of 2023 is filed by the appellant u/s 5 of the Limitation Act for condonation of five days delay in filing the appeal.
Impugned order was passed on 24.01.2023 and present appeal was filed on 08.03.2023. Learned counsel for the appellant submits that five days delay is procedural in nature. I find the ground to be sufficient to condone the delay. Accordingly, I.A. No. 137 of 2023 is allowed. Delay of five days in preferring the appeal is condoned.
Respondent is represented by Ms. Sumita Dutta, ld. Counsel, who prays time to file Vakalatnama. She may file it within a week.
Appeal be registered as regular appeal by providing regular appeal number.
Opposition be filed within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter. List on 21.06.2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 12 April, 2023 03/pkb
UCO Bank
Anjan Kumar Dey & Anr.
Anil Kumar Srivastava
As recorded by the court registry
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