A single bench DRAT allowed application for condonation of delay in filing appeal, held sufficient cause existed, and permitted regular registration of appeal.
Application for condonation of delay is allowed; appeal is registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 399 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.06.2023 Durgapur Corporation Pvt. Ltd. … Appellant -VsPunjab National Bank & 3 ors … Respondent Mr. Souritra Ganguly, Learned Counsel for Appellant Mr. Debasish Chakrabarty, Learned Counsel for the Respondent Bank. Mr. Nimesh Mishra, Learned Counsel for the Respondent. Mr. Debasish Karmakar, Learned Counsel Mr. Satyam Ojha, Learned Counsel for the Respondent No. 4.
THE APPELLATE TRIBUNAL :
Admission
Appellant is hereby directed to serve the copy of Paper Book upon the Respondents during the course of the day.
Learned Counsel for the Respondent Bank undertakes to file vakalatnama within three days. I.A. No. 244 of 2023 application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 1st May, 2023. It is submitted that there is a delay of 7 days in filing the appeal.
Opposed by the Learned Counsel for the Respondent.
2
Having gone through the record I found the ground to be sufficient. Accordingly, I.A. No. 244 of 2023 is allowed. Delay in filing the appeal is condoned. Let the Appeal be registered as regular appeal by providing a regular appeal number.
I.A. No. 245 of 2023 waiver application. Since the Appellant is alleged himself to be the auction purchaser, there is no need of pre deposit. Accordingly, I.A. No. 245 of 2023 is dismissed.
Learned Counsel for the Respondent undertakes to file the opposition within a week with copy to the Appellant who may file the rejoinder if any, within a week thereafter.
List on 18th July, 2023 for hearing.
(Anil Kumar Srivastava,J)
Chairperson
Dated: 28th June, 2023 1/tp
1 issue framed by the court
Whether delay in filing appeal shall be condoned.
Durgapur Corporation Pvt. Ltd.
Punjab National Bank & 3 ors
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
