Vasantha Arumugam v. South Indian Bank
Case brief
What is this about?
The Appellate Tribunal condoned the delay in filing an appeal against an order dated 16 August 2019. Permission was granted citing the earlier High Court decision allowing remedies under Section 18 of the SARFAESI Act 2002. Two weeks time was given to file an amendment application.
What did the court decide?
I.A. 447 of 2022 for condonation of delay is allowed; two weeks time granted to file amendment application.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 668 of 2022
(Arising out of I.A. 3257 of 2018 in O.A. 949 of 2018 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
16.03.2023 Vasantha Arumugam & Another … Appellants -VsThe South Indian Bank Limited & 4 Others … Respondents Mr. Pradyumna Sinha with Mr. S. Dutta and Mr. S. Chowdhury, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
I.A. 447 of 2022
Application for condonation of delay in filing the appeal. Respondents are served but not represented.
Impugned order was passed on 16th August, 2019 while appeal was filed on 29th November, 2022. It appears that after passing of the impugned order a writ petition, being W.P. No. 23289 of 2019, was filed by the Appellant before the Hon’ble High Court for the State of Telangana at Hyderabad which was ultimately decided on 1st August, 2022 wherein liberty was granted to the Appellant to avail remedy under Section 18 of the SARFAESI Act 2002.
Issues for consideration
1 issue framed by the court
Whether the delay in filing the appeal could be condoned given the prior grant of liberty by the High Court under the SARFAESI Act.
Parties & counsel
- appellant
Vasantha Arumugam and Another
- respondent
The South Indian Bank Limited and 4 Others
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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