M Satish Kumar v. Canara Bank
Case brief
What is this about?
The Debts Recovery Appellate Tribunal, Kolkata, dismissed an appeal as time-barred. The Tribunal rejected the appellant's claim of sufficient cause for a 100-day delay, citing lack of vigilance in a related 298-day delay and finding the explanation that the appellant learned of the order via counsel to be untenable.
What did the court decide?
The application for condonation of delay was dismissed; the appeal was disposed of as time-barred.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 31 of 2020
(Arising out of O.A. 718 of 2017 in I.A. 2245 of 2019 in DRT-I, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.04.2023 M. Satish Kumar & Another .. Appellants -VsCanara Bank & Another ... Respondents Mr. Nemani Srinivas, Learned Counsel for the Appellant
Mr. Archan Dutt with Mr. Ayan Kumar Boral and Mr. Subhadip Basu, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. 20 of 2020
Application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.
The instant Appeal, being Diary No. 31 of 2020, is filed by the Appellant, who is Defendant in the O.A. 718 of 2017, against an order dated 30th September, 2019 passed in I.A. 2245 of 2019 dismissing the application for recall of the ex parte order. This application was also moved with a delay of 298 days and the Learned DRT, while passing the impugned order dated 30th September, 2019, dismissed the same.
Issues for consideration
2 issues framed by the court
Whether the appellant demonstrated sufficient cause for condoning a 100-day delay in filing the appeal.
Whether the appellant's conduct in the underlying proceedings barred condonation of delay.
Parties & counsel
- appellant
SATISH KUMAR
- respondent
CANARA BANK
Coram
ANIL KUMAR SRIVASTAVA
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090000312020
- Topic
- Banking and Recovery
All orders in this case
12 orders share this CNR
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