Smt Rutuparna Dhirsamant v. Uco Bank
Case brief
What is this about?
The Appellate Tribunal recalled an order dismissing an application under Section 5 of the Limitation Act for condonation of delay. The court allowed the application for condonation allowed waiver of pre-deposit on the ground of partial payment. The appeal was registered as a regular appeal for hearing.
What did the court decide?
Misc. Application recalled; Appeal allowed; Delay condoned; Pre-deposit waived; Appeal regularized.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(M.A. Dy. No. 228 of 2023)
(Arising out of S.A. No. 16 of 2016 in DRT Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
11.04.2023 Smt. Rutuparna Dhirsamant … Appellant -VsBranch Manager, UCO Bank and anr ….Respondents Mr. P. Pal, Learned Counsel, Mr. Ajit Keshari, Learned Counsel for the Appellant Ms. Rituparna Sanyal, Learned Counsel Ms. Sumana Mukherjee, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Misc. Application Dy. No. 228 of 2023 application for recall of the order dated 27th February, 2023 dismissing the Application under Section 5 of the Limitation Act as well as waiver application and the Appeal being not maintainable in default of the Appellant. It is submitted that the Learned Counsel for the Appellant could not appear on the date fixed. It was not intentional.
Having heard the Learned Counsel for the parties, I found the ground to be sufficient. Accordingly, Misc. Application Diary No. 228 of 2023 is allowed and the order dated 22nd February, 2023 is recalled.
Issues for consideration
3 issues framed by the court
Whether to recall the order dismissing the application for condonation of delay.
Whether to condone the delay in filing the appeal and permit pre-deposit adjustment.
How to regularize the appeal after the order is recalled.
Parties & counsel
- appellant
Rutuparna Dhirsamant
- respondent
Branch Manager, UCO Bank and anr
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090002282023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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