The Debts Recovery Appellate Tribunal at Kolkata allowed an application under Section 5 of the Limitation Act to condone the delay in filing an appeal against an order passed on 19th April, 2023. The appeal was filed after receiving the certified copy.
Delay in filing appeal was condoned and application allowed.
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
Diary No. 398 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
01.08.2023 Pydi Ramesh Naidu & Another … Appellants -VsIDBI Bank Limited … Respondent Mr. Nemani Srinivas, Learned Counsel for Appellants Ms. Sonal Agarwal, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 240 of 2023
Application under Section 5 of the limitation Act for condonation of delay in filing the appeal.
Impugned order was passed on 19th April, 2023 while appeal was filed on 17th June, 2023. Application for certified copy was applied on 23rd May, 2023 which was received on 1st June, 2023. Thereafter, appeal was filed.
Learned Counsel for the Respondent, however, opposed the prayer.
Going through the record and considering the facts and circumstances of the case, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.
Delay in filing the appeal is condoned. Application, being I.A. 240 of 2023, is allowed.
Appeal be registered by providing regular appeal number.
2
Respondents may file opposition within three weeks with copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter.
List on 11th September, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 01st August, 2023
01/ac
2 issues framed by the court
Whether delay in filing the appeal should be condoned.
If the ground for condonation is sufficient.
1 provisions across 1 enactments
Pydi Ramesh Naidu & Another
IDBI Bank Limited
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
