The Appellant Tribunal allowed an application for condonation of delay filed by Canara Bank. The delay was attributed to the inaction of the previous counsel and the pandemic. The appeal is now regularized.
Condoned the delay in filing the appeal. Registered the appeal as a regular appeal. Issued fresh notices to the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 89 of 2021)
(Arising out of TA No. 388 of 2015 in DRT-1 Kolkata)
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
21.06.2023
Canara Bank … Appellant -VsDebashish Saha ….Respondents
Mr. Omkar Ganguly, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 72 of 2021 application under Section 5 of the Limitation Act for condonation of delay. Impugned order was passed on 16.12.2019 while the Appeal was preferred on 04.02.2021. Notices are issued to the Respondents who are served but no represented.
Learned Counsel for the Appellant submits that the delay was not intentional. Rather it was due to the inaction on the part of the Bank’s earlier lawyer. He was depanelled by the Bank. Thereafter in March 2020, the matter was missed due to Covid 19. Thereafter, Appeal was filed.
Having gone through the record, I found that the delay was caused due to inaction on the part of the Learned Counsel for the Bank who did not communicate the impugned order to the Bank within time. Thereafter, he was
2
depanelled and the new Counsel was engaged who preferred the Appeal. Having gone through the record, I found the ground to be sufficient. Accordingly, I.A. No. 72 of 2021 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 the Respondents. Affidavit of service be filed within three weeks. Opposition may be filed within four weeks thereafter.
List on 26th July, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 21st June, 2023 4/tp
3 issues framed by the court
Whether the delay in filing the appeal by the appellant bank should be condoned due to inaction of the previous counsel and the confusion during the pandemic.
Whether the application for condonation of delay under Section 5 of the Limitation Act deserves to be allowed.
Whether the appeal by the appellant needs to be registered as a regular appeal after condoning the delay.
Canara Bank
Debashish Saha
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
