Smt K Shashikala v. Canara bank
Case brief
What is this about?
DRAT permitted condonation of delay for the appellant's appeal against a DRT order in a SARFAESI matter, citing illness and lockdown. The court held Section 18 mandatory for pre-deposit calculation and ordered the appellant to deposit 25% of the balance debt within six weeks or face dismissal of the appeal.
What did the court decide?
IA No. 274 allowed, delaying appeal permitted. IA No. 273 allowed subject to pre-deposit of 25% of balance debt (Rs.1,48,72,851/-) within 6 weeks.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 406 of 2022)
(Arising out of SA No 247 of 2018 in DRT -1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON 26.04.2023 K. Shashikala … Appellant -VsCanara Bank & Anr ….Respondents Ms. Sanjukta Basu Mallick, Learned Counsel for the Appellant Ms. Aparajita Ghosh, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL
I.A. No. 274 of 2022 application u/s 5 of the Limitation Act for condonation of delay in filing the Appeal. Impugned order was passed on 04.10.2019 while the Appeal was filed on 12.08.2022.
Heard the Learned Counsel for the parties and perused the record. Learned Counsel for the Appellant submits that the delay is not intentional. Rather the Appellant was seriously ill. Thereafter, due to Covid 19 Pandemic she could not prefer the appeal.
Learned Counsel for the Respondent opposed the prayer and submits that there is no ground for condonation of delay.
I have gone through the record. No counter affidavit is on record. Lock down was declared on 15th March, 2020.
Issues for consideration
2 issues framed by the court
Whether the delay in filing the appeal can be condoned given the illness of the appellant and the pandemic lockdown.
Whether the appellant is liable to make a pre-deposit of 25% of the outstanding debt to maintain the appeal under Section 18 of the SARFAESI Act.
Parties & counsel
- appellant
K. Shashikala
- respondent
Canara Bank & Anr.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090004062022
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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