The bench allowed an application for condonation of delay in filing an appeal under Section 5 of the Limitation Act, citing the pandemic as a valid ground. The appeal was registered for hearing.
Delay in filing the appeal is condoned; application I.A. 77 of 2021 is allowed; appeal is registered and listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 99 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.06.2023 Mukesh Chawla … Appellant -VsBank of Baroda & 3 Others … Respondents
Mr. Debasish Karmakar with Mr. Surath Chakraborty, Learned Counsel for Appellant
Ms. Samapti Roy, Learned Counsel for Respondents No. 2 and 4
THE APPELLATE TRIBUNAL :
I.A. 77 of 2021
Application, under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.
Impugned order was passed on 27th July, 2020 2022 while appeal was filed on 8th February, 2021. Learned Counsel places reliance on a judgment of the Hon’ble Apex Court in Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021 wherein period, following Covid-19 pandemic, has been exempted. Keeping in view that the ground taken in the affidavit, I find the ground sufficient for condoning the delay.
Application, being I.A. 77 of 2021, is allowed. Delay in filing the appeal is condoned.
Appeal be registered by supplying regular appeal number.
Opposition be filed by the Respondents No. 2 and 4 within three weeks with
advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.
Paper book is served upon the Respondents.
List on 16th August, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 09th June, 2023 12/ac
1 issue framed by the court
Whether the delay in filing the appeal should be condoned under Section 5 of the Limitation Act.
Colour shows how this judgement treated each authority
SMW(C) No. 3 of 2020Referred¶10
Misc. Appeal No. 665 of 2021 in SMW(C) No. 3 of 2020 dated 23rd September, 2021
1 provisions across 1 enactments
Mukesh Chawla
Bank of Baroda
3 Others
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
