Appellant sought condonation of delay in filing appeal under Section 5 of the Limitation Act relying on Apex Court order Suo Motu Writ Petition (Civil) No(s) 3/2020. Tribunal found ground sufficient and allowed I.A. application condoning delay.
I.A. No. 445 of 2021 under Section 5 of Limitation Act allowed; delay in filing the appeal condoned.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No.602 of 2021)
(Arising out of S.A. No. 45 of 2021 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
| 28.02.2023 | Sri P.V. Ramana Moorthy … Appellant -Vs- M/s ARCIL & Ors ….Respondents |
|---|---|
| Mr. Debjit. Mukhjerjee, Learned Counsel for the Appellant Mr. A. Roy Chowdhury, Learned Counsel Mr. A. Ghosh, Learned |
|
| Counsel for the Respondent No. | |
| 1. Ms. Deboshri Das, Learned |
|
| Counsel for the Respondent No. 2 | |
| & 3. |
THE APPELLATE TRIBUNAL :
I.A. No. 445 of 2021 application under Section 5 of Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 6th September, 2021 while the Appeal was preferred on 17th November, 2021. Learned Counsel for the Appellant submits that in view of the order of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s) 3/2020, delay may be condoned.
I found the ground to be sufficient. Accordingly, I.A. No. 445 of 2021 is allowed. Delay in filing the Appeal is condoned.
2
I.A. No. 446 of 2021 opposition be filed within two weeks with copy to the Appellant who may file the reply within a week thereafter.
List on 12th June, 2023 for disposal of I.A. No. 446 of 2021.
(Anil Kumar Srivastava,J) Chairperson
Dated: 28th February, 2023 7/tp
1 issue framed by the court
Whether delay in filing the appeal is condonable in view of reliance on Suo Motu Writ Petition (Civil) No(s) 3/2020.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (Civil) No(s) 3/2020Relied on¶8
1 provisions across 1 enactments
P.V. Ramana Moorthy
M/s ARCIL & Ors
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
