Shri Bhagwan Devji Rathod versus India Sme Asset Reconstruction Co. Ltd.

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson

I.A. No. 243/2022 (CoD) In Appeal on Diary No. 65/2021

Between

Bhagwan Devji Rathod & Anr. … Appellant/s V/s. India SME Asset Reconstruction Co. Ltd. …Respondent/s An Advocate for the Appellant is present. Mr. Ravindra B., i/b Mr. Vivek Sawant, Advocate for Respondent.

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This is an application for condoning the delay in bringing the legal representative of the deceased first Appellant on record. The second Appellant is the wife of the deceased first Appellant. 2. The first Appellant died on 09.05.2021 and the application was filed with a delay of 277 days therefore, there is not only a delay but the appeal as regards the first Appellant has also abated. 3. The Appellant seeks refuge under the decision of the Hon’ble Supreme Court of India in Writ Petition (Civil) No. 03/2020 wherein the period of limitations which begin to run against the applicant during the Covid-19 Pandemic needs to be condoned.

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It is clear that the first Appellant died during the Pandemic and therefore, the delay is required to be condoned after excluding the period mentioned in the Hon’ble Supreme Court judgment there remains only a delay of 17 days and I find that one of the legal representatives, that is, the wife of the deceased is already on party

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1

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array and therefore, a lenient view needs to be taken.

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The delay needs to be condoned and hence, the application is allowed and the delay is condoned. The abetment is set aside and Carried out the amendment. The amendment shall be carried out within two weeks.

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Post on 28.04.2023 before the Registrar for reporting carrying out of the amendment.

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Sd/Chairperson

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psa-04

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Shri Bhagwan Devji Rathod v. India Sme Asset Reconstruction Co. Ltd.

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Shri Bhagwan Devji Rathod v. India Sme Asset Reconstruction Co. Ltd.

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