A single judge observed that the delay in filing the appeal was not intentional and was sufficient to justify condonation under Section 5 of the Limitation Act, allowing the application and listing the appeal.
Application for condonation of delay allowed; appeal registered as regular appeal and listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 538 of 2021)
(Arising out of OA No 56 of 2016 in DRT -2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
26.04.2023 Anil Dugar & Anr … Appellant -VsIndian Overseas Bank & Ors ….Respondents Mr. Nemani Srinivas, Learned Counsel for the Appellant Mr. Omkar Ganguly, Learned Counsel for the Respondent No. 1
THE APPELLATE TRIBUNAL
Heard the Learned Counsel for the parties. I.A. No. 250 of 2022 application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 24.01.2020 while the Appeal was filed on 16.09.2021.
I have heard the Learned Counsel for the parties and perused the record. Learned Counsel for the Appellant submits that the matter was listed for pronouncement of judgment on 24th January, 2020, but Appellant could not know the date. Thereafter, he came to know about the impugned order when the order was passed by Recovery Officer. Receiver approached the Appellant.
Lock down was declared on 15th March, 2021. In suo motu Writ Petition (Civil) No(s) 3/2020. Hon’ble Apex court
2
has condoned the period of delay. There is a delay in filing the Appeal which was not intentional. Accordingly, I found the ground to be sufficient. I.A. No. 250 of 2022 is allowed. Delay in filing the Appeal is condoned.
Let the Appeal be registered as regular appeal by providing a regular appeal number. Fresh notices be issued to Respondent No. 2. Affidavit of service be filed within two weeks.
Opposition to Appeal be filed within three weeks with copy to the Appellant who may file rejoinder within three weeks thereafter.
List on 7th July, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 26th April, 2023 1/tp
1 issue framed by the court
Whether the delay in filing the appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Anil Dugar
Indian Overseas Bank
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
