Uco Bank v. 1 Anjan Kumar Dey 2 Smt Anuradha Dey
Case brief
What is this about?
This order records no appearance on a delay petition seeking to admit an appeal. The court fixed the matter for future admission after verifying service confirmation.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 165 of 2023, Date : 03/04/2023
UCO Bank ------------ Appellant
Versus
Anjan Kumar Dey&Anr. . ------------ Respondents
None appears for Appellant and Respondents both.
Received this delay petition being No. IA/137/2023 filed online on 24/03/2023 with application fee of Rs.250/- vide Transaction Ref. Id. 2403230005789 dated 24/03/2023 filed by Ld. Advocate Mr. S.N. Patrabhatta on behalf of appellant with a request to condone 5 days delay in filing of instant appeal. Hard copy of the same was received on 28/03/2023. Affidavit of service was filed along with the petition. However, service was not completed at that time.
On verification of speed post tracking report from internet, it is found that service upon both the respondents are confirmed in the meantime.
Vide order dated 16/03/2023 in Dy No. 165 of 2023, Ld. Counsel for Appellant has been granted one week time to file application for condonation of delay.The matter is fixed on 06/04/2023 before Hon’ble Chairperson for admission.
The matter may be placed before Hon’ble Chairperson on 06/04/2023 for admission.
Issues for consideration
3 issues framed by the court
Whether to condone a delay in filing an appeal when service was confirmed via speed post tracking.
Whether to grant time to file the condonation application given external factors affecting service.
Whether the appeal filed through an augmenting order can be accepted.
Parties & counsel
- appellant
UCO Bank
- respondent
Anjan Kumar Dey
- respondent
Anr.
Case details
As recorded by the court registry
All orders in this case
9 orders share this CNR
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