Sruti Ranjan Ray v. State Bank of India
Case brief
What is this about?
The Tribunal allowed an application for recall of a default order and an instant application for condonation of delay under Section 5 of the Limitation Act citing Suo Motu W.P. (C) No. 3/2020, and listed the main appeal for hearing after fixing a regular number.
What did the court decide?
I.A. No. 148 of 2020 allowed for condonation of delay; MA Dy. No. 441 of 2022 allowed for recall of default order and department number; appeal to be registered as regular and listed for hearing.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(MA Dy. No. 441 of 2022)
(Arising out of Diary No.259 of 2020)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
10.02.2023
Sruti Ranjan Ray and ors … Appellant -VsThe Chief Manager State Bank of India and ors ….Respondents Mr. Ranjan Kumar Rout, Learned Counsel for the Appellant Mr. Debasish Chakrabarty, Learned Counsel, Ms. Sarmistha Pal, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Learned Counsel for the Appellant submits that today he is depositing Rs.10 lacs as a pre deposit. Learned Counsel for the Respondent submits that as on date an amount of Rs.1.50 crore is due which includes interest and it is admitted between the parties that an amount of Rs.35,56,033/- is already deposited by the Appellant. Further, today he is depositing Rs. 10 lacs by way of Demand Draft. Accordingly, compliance of the order dated 05.01.2023 is made.
MA Dy. No. 441 of 2022 Application for recall of the order dated 27th July, 2022 disposing of the appeal in default. It is submitted that on the date fixed Learned
Issues for consideration
3 issues framed by the court
Whether the delay in filing the appeal is condonable in view of the order of the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No(s) 3/2020.
Whether to grant or recall the order passed in default.
Whether the condonation of delay obeys the conditions for registration of the appeal as a regular appeal.
Parties & counsel
- appellant
Sruti Ranjan Ray and ors
- respondent
The Chief Manager State Bank of India and ors
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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