Application for condonation of 60 days delay in filing appeal was allowed. Delay arose from proceeding with a writ petition before the High Court and its subsequent disposal time under Section 14 of Limitation Act is treated as sufficient cause.
The delay in filing the Appeal is condoned and the Application (IA 312/2023) is allowed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 312/2023 In A.IR:712/2023
M/S Sark Spice Produce Pvt Ltd & Ors V/S The South Indian Bank Ltd & Anr
09/08/2023
This Application is filed seeking condonation of delay of 60 days in preferring the Appeal against Order dated 02.03.2023 of DRT-II, Ernakulam in SA 77/2023.
Heard both sides.
Advocate for Petitioners/Appellants submitted that the impugned Order copy was made available to Petitioners/Appellants on 04.03.2023 and then Petitioners/Appellants approached H on’ble High Court of Keral a, on 15.03.2023 and filed a Writ, which is disposed of on 25.05.2023, and immediately thereafter, on 02.06.2023, this Appeal is filed, thus, the delay.
Other side reported no Counter.
I have perused material papers and Affidavit filed in support of Application.
Considering the fact that delay has caused because of filing Writ Petition and its disposal, which time can be excluded, even under Section 14 of Limitation Act, request of Petitioners/Appellants is to be accepted.
In view of the same, without prejudice to the rights of both parties, the delay in filing the Appeal is condoned. IA 312/2023 is allowed.
Post the Waiver Application on 05.09.2023, for Counter and hearing.
Sd/Chairperson
1 issue framed by the court
Whether the delay of 60 days in filing the appeal is condonable due to procedural exigencies involving a writ petition filed in the High Court.
1 provisions across 1 enactments
M/S Sark Spice Produce Pvt Ltd & Ors
The South Indian Bank Ltd & Anr
Chairperson
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
