Union Bank of India versus Kasi Vishwawandanam

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Dy No. 488 of 2020)

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(Arising out of SA No. 10 of 2018 in DRT-1 Hyderabad)

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HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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21.06.2023 Union Bank of India … Appellant -VsKasi Viswanadham & Anr ….Respondents Ms. Jayanti Ghosal, Learned Counsel for the Appellant Mr. Sreyash Basu Dasgupta, Learned Counsel, Mr. Nemani Srinivas, Learned Counsel for the Respondent

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THE APPELLATE TRIBUNAL :

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I.A. No. 302 of 2020 application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 19.02.2020 while the Appeal was filed on 21.12.2020.

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Learned Counsel for the Appellant submits that the case of the Appellant is covered by the order of the Hon’ble Apex Court in Suo Motu Writ Petition (Civil) No(s).3/2020 wherein it was held that –

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“ Period of limitation in all such proceedings, irrespective of the limitation prescribed under General or Special Laws, whether condonable or not shall stand extended w.e.f. March, 2020 till further order/s are made by the Hon’ble Supreme Court in this regard. “

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Opposed by the Learned Counsel for the Respondent.

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2

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Having gone through the record, I found that the Appellant is entitled to take the benefit of the judgment of the Hon’ble Apex Court.

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Accordingly, I.A. No. 302 of 2020 is allowed. Delay in filing the appeal is condoned. Let the Appeal be registered as regular Appeal by providing a regular appeal number.

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Respondent Nos. 1 and 2 are represented through Mr. Nemani Srinivas, Learned Counsel.

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Issue notice to the Respondent No. 3. Opposition be filed within four weeks with copy to the Appellant who may file rejoinder within two weeks thereafter.

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List on 22^nd August, 2023 for hearing of Appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 21^st June, 2023 5/tp

Union Bank of India v. Kasi Vishwawandanam

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Union Bank of India v. Kasi Vishwawandanam

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