An application seeking restoration of an appeal under Sections 22(2) and 19(25) of RDB Act, 1993. The application faced a limitation objection and was placed before the Chairperson for admission.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc Application Dy. No. 580 of 2023 , Date : 22.09.2023
(Arising out of Dy. No. 341 of 2021)
Sundaram Home Finance Ltd. Applicant
Versus
Ravikanth Konda & Anr. Respondent
Received a Restoration Petition being Misc Application Dy. No. 580 of 2023 under section 22(2) read with Section 19(25) of the Recovery of Debts and Bankruptcy Act, 1993 through online on 30/08/2023 and hard copy on 22/09/2023 filed by Ld. Advocate Mr. P. Srivastava for Sundaram Home Finance Ltd., applicant with a request to restore the appeal Dy. No. 341 of 2021 in its original form. Copy of postal tracking reports are annexed with the Misc. Application. It is seen that service has been confirmed upon respondent No.1, whereas service upon respondent No.2 is not confirmed.
Application fee of Rs.250/- vide Transaction Ref. No. 3008230007267 dt. 30.08.2023 has been paid online along with the application.
Application is not within the period of limitation. Delay petition being I.A. No. 368 of 2023 is filed with application fee of Rs.250/- vide Transaction Ref. ID 2109230022150 dated 21/09/2023 has been paid through online. Copy of postal tracking reports are annexed with the petition. It is seen that service has been confirmed upon respondent No.1, whereas service upon respondent No.2 is not confirmed.
Vide order dated 12/07/2023 passed by Registrar, Dy. No. 341 of 2021 was not registered due to non compliance of order dated 27/04/2022 i.e. removal of two defects viz. (i) in Vol. 1 verification page No. 20 & 23 date is not given & (ii) deficit court fee of Rs. 6745/- is required.
The matter may be placed before Hon’ble Chairperson on 26.09.2023 for admission.
Sd/-
REGISTRAR
1 provisions across 1 enactments
Sundaram Home Finance Ltd.
Ravikanth Konda & Anr.
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
