M/ S Tirupati Storage and allied Pvt. Ltd. and Ors. v. U C O Bank and Ors.
Case brief
What is this about?
In an interim order, the debt recovery tribunal scheduled the matter for a future date to determine the legal position regarding the delay in filing the appeal and the necessity of verifying annexures.
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.
Appeal Dy. No. 748 /2023 Date: 22.06.2023
M/s Tirupati Storage Vs. UCO Bank
Shri Ashok Pandey, Learned Counsel for the appellant is present and submits that it is not a case of delay even though the registry is reported the delay and prayed the matter be placed before the Hon’ble court for deciding the delay, as the Registrar of this Tribunal is not empowered under the Act to decide the delay in filing of the Appeal. The impugned order was passed on 23.03.2015 and this Misc. Application has been filed on 13.06.2023 after a lapse of eight years without filing any application under section 5 of the Limitation Act.
Regarding attestation or verification of the Annexures annexed with the Appeal the Learned Counsel for the appellant submitted that it has been filed on the affidavit and the statement account cannot be verified unless produced by the Bank.
On further scrutiny it is found that total outstanding against the appellant ascertained by DRT, Patna was Rs. 1,53,38,333. Out of this amount the 50% comes to Rs. 76,69,166. The Appellant has submitted 2 DD’s of Rs. 20,19,993 and Rs. 38,34,583 totaling Rs. 58,54,576/- and further states that Rs. 18,14,590/- has already been deposited in recovery proceedings before DRT, Patna.
In view of the submission made by the Learned Counsel for the appellant and pressing hard for placing the matter before the Court, let the matter be placed before Hon’ble Court on 07.07.2023 for orders.
Registrar
Issues for consideration
2 issues framed by the court
Whether the Registry's report regarding delay in filing the appeal is final or needs judicial determination regarding limitation.
Whether applications annexed with the appeal require attestation or verification when filed on affidavit.
Parties & counsel
- appellant
M/s Tirupati Storage
- respondent
UCO Bank
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 091090007482023
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 — this page · LD Registrar
- Order 2 · Rajesh Dayal Khare
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