Trust Bank Limited v. Indian Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an application for condonation of delay of 770 days under Section 5 of the Limitation Act. The court found the delay unjustified and the appeal consequently dismissed as time-barred.
What did the court decide?
Application I.A. No. 102 of 2023 for condonation of delay was dismissed. Appeal No. 160 of 2023 dismissed as time-barred.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 160 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
09.06.2023
Trust Bank Ltd. having its registered office at Peoples Insurance Bhavan, 2nd , 16th & 17th floor, 36. Dilkhusha C/A, Dhaka – 1000 and at NSC Tower, 62/3, Purana Paltan, Dhaka.
Appellant
Vs.
- Indian Bank having its office at No. 2, N.S.Road, Kolkata – 700001 and Branch office at SSI, Finance Branch, 3, Red Cross Place, Kolkata – 700001.
- Mr. Purnendu Das, Proprietor of M/s KPS Enterprises, residing at Banipur, PGBT Road, PO Banipur, Habra, 24 Parganas North, PIN 743233.
- Sabita Das residing at Banipur, PGBT Road, PO Banipur, Habra, 24 Parganas North, PIN 743233.
Issues for consideration
3 issues framed by the court
Whether the delay of approximately 922 days in filing the appeal under Order XXIX Rule 3 CPC can be condoned under Section 5 of the Limitation Act.
Whether the grounds provided for condonation of delay, including obtaining legal opinion and board resolutions, constitute sufficient cause for the appellant to claim condonation of delay.
Whether the appellant's delay in filing the appeal and communicating instructions to the advocate merits the court to exercise its discretion to condone the delay.
Parties & counsel
- appellant
Trust Bank Ltd.
- respondent
Indian Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090001602023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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