The Debt Recovery Appellate Tribunal allowed an interim application for condonation of delay under Section 5 of the Limitation Act, relying on a Supreme Court order regarding the pandemic period.
I.A. No. 78 of 2022 is allowed. Delay in filing the Appeal is condoned.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No.118 of 2022)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
20.02.2023
Banne Buchappa … Appellant -VsS.B.I. & ors ….Respondents Mr. N. Srinivas, Learned Counsel for the Appellant. Mr. P.K. Mukherjee, Learned Counsel for the Respondent. Ms. Mekhala Kanji, Learned Counsel for the Respondent No. 2.
THE APPELLATE TRIBUNAL :
I.A. No. 78 of 2022 Application under Section 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 11th February, 2020 while the Appeal was filed on 29th April, 2022. Learned Counsel for the Appellant placed reliance upon the orders of the Hon’ble Supreme Court passed in Suo Motu W.P (C) 3/2022 bearing benefit of Covid period in filing the appeal for the purpose of limitation was granted by the Hon’ble Apex Court.
In view of the submission made by the Learned Counsel for the Appellant, I found the ground to be sufficient. Accordingly, I.A. No. 78 of 2022 is allowed. Delay in filing the Appeal is condoned.
2
Learned Counsel for the Respondent Bank prays for and is granted time to seek instructions on I.A. No. 77 of 2022. List on 11th May, 2023 for disposal of I.A. No. 77 of 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 20th February, 2023 2/tp
1 issue framed by the court
Whether delay in filing the appeal is to be condoned.
Banne Buchappa
S.B.I. & ors
Anil Kumar Srivastava
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
