C v. R Gopal Reddy v State Bank of India
Case brief
What is this about?
The Appellate Tribunal allowed an application for condonation of delay regarding an appeal filed against an order of DRT-2 Hyderabad. The appeal against the payment of pre-deposit was admitted as the appellant was an auction purchaser. The matter was listed for future hearing.
What did the court decide?
Application for condonation of delay allowed; appeal admitted; respondent issued notice to file opposition; matter listed for hearing.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal Dy No. 714 of 2022 THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
21.03.2023
Mr. C.V.R. Gopal Reddy
… Appellant
-Vs-
State Bank of India
… Respondents Mr. D. Basu Ray, ld. Counsel with Ms. S. Basu and Ms. S. Poddar, ld. Counsel for the appellant. None for the respondent.
THE APPELLATE TRIBUNAL :
Affidavit of service is taken on record.
I.A. 478 of 2022 is filed by the appellant u/s 5 of the Limitation Act praying for condonation of delay in filing the appeal. This appeal is filed against the order dated 10.11.2022 passed by learned DRT-2 Hyderabad while the appeal was filed on 20.12.2022. There is six days delay. Learned counsel for the appellant submits that some time was consumed for availing legal opinion. Respondent was served but not represented.
Having considered the submission of the appellant and perusing records, I find that ground explained in the I.A. to be sufficient for condoning the delay. Accordingly, I.A. 478 of 2022 is allowed. Delay is condoned.
Issues for consideration
1 issue framed by the court
Whether the delay of six days in filing the appeal can be condoned under Section 5 of the Limitation Act.
Parties & counsel
- appellant
Mr. C.V.R. Gopal Reddy
- respondent
State Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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