This order grants an application for condonation of a two-day delay in filing an appeal by a bank, allowing the appeal to proceed as a regular appeal.
I.A. No. 550 of 2019 allowed; Delay condoned; Appeal registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 415 of 2019
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
05.07.2023
Union Bank of India ... Appellants -Vs-
Smt. Peddu Mallika and ors ... Respondent
Ms. Alisha Kar, Learned Counsel for the Appellant None for the Respondent.
THE APPELLATE TRIBUNAL :
The matter is taken up in the revised list. Respondents are served but not represented.
Heard the Learned Counsel for the Appellant, Ms. Alisha Kar and perused the record. I.A. No. 550 of 2019 application under Section 5 of the Limitation Act for condonation of delay in preferring the Appeal. Impugned order was passed on 4th November 2019 while the Appeal was filed on 6th December, 2019. There is a delay of two days only in preferring the Appeal. Learned Counsel submits that the delay was not intentional rather after passing of the impugned order concerned Bank officer had to take the approval and then he contacted the Learned Counsel. Thereafter Appeal was filed.
Having considered the submission made by the Learned Counsel, I found the ground to be sufficient. Accordingly, I.A. No. 550 of 2019 is allowed. Delay in filing the appeal is
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condoned. Let the appeal be registered as regular appeal by providing a regular appeal number. Let fresh notices be issued to the Respondents through publication.
List on 6th September, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 5th July, 2023 2/tp
1 provisions across 1 enactments
Union Bank of India
Smt. Peddu Mallika and ors
Anil Kumar Srivastava
As recorded by the court registry
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