Sri Gogineni Khyathi Krishna v. Indian Overseas Bank
Case brief
What is this about?
Registrar recorded receipt of the appeal filed by the appellant under s. 20 of the RDB Act, against an order of the DRT. The Tribunal noted the appeal was filed outside the limitation period and a delay petition was pending. The matter was placed with the Chairperson for admission.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Dy. No. 788 of 2023, Date 07/11/2023
Sri Gogineni Khyathi Krishna -------- Appellant
Versus
The Chief Manager, Indian Overseas Bank & Ors. ------- Respondent
Received an appeal filed online on 01/11/2023 and hard copy on 07/11/2023 u/s 20 of the RDB Act, 1993 presented by Ld. Advocate Mr. Puspendu Chakraborty on behalf of Sri Gogineni Khyathi Krishna, Appellant.
The appeal has been filed on behalf of Sri Gogineni Khyathi Krishna against the order dated 26/06/2023 passed in I.A. No. 2252 of 2019 in O.A. No. 1055 of 2018 in DRT, Visakhapatnam. Appeal fee with vakalatnama fee of Rs.255/- vide Transaction Ref. ID 0111230036564 dated 01/11/2023 has been paid through online along with the appeal.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
The Appeal is not within the period of limitation. Delay petition being I.A. No. 416 of 2023 is filed u/s 5 of the Limitation Act, 1963 through online on 01/11/2023 and hard copy on 07/11/2023 with application fee of Rs.250/- vide Transaction Ref. ID 0111230036722 dated 01/11/2023.
Issues for consideration
3 issues framed by the court
Whether the appeal filed under s. 20 of the RDB Act, 1993 is within the period of limitation.
Whether condonation of delay under s. 5 of the Limitation Act, 1963 is maintainable in this appeal.
Whether the appeal is maintainable under the jurisdiction of this Appellate Tribunal.
Parties & counsel
- appellant
Sri Gogineni Khyathi Krishna
- respondent
The Chief Manager, Indian Overseas Bank & Ors.
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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