K Vishnu Murthy v. Central Bank of INdia
Case brief
What is this about?
This order is a single-judge ruling where the debtor recovery appellate tribunal condoned the delay in filing an appeal arising from a debt recovery case.
What did the court decide?
I.A. No. 404 of 2022 allowed; time granted to inform dues pending.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No.603 of 2022)
(Arising out of S.A. No. 295 of 2017 in DRT-I Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
01.03.2023 Sri K. Vishnu Murthy … Appellant -VsCentral Bank of India & Anr ….Respondents Mr. N. Srinivas, Learned Counsel for the Appellant Ms. Rituparna Sanyal, Learned Counsel, Mr. Santosh Kr. Roy, Learned Counsel for the Respondent No. 1 Mr. Sumit Biswas, Learned Counsel for the Respondent No. 2
THE APPELLATE TRIBUNAL :
I.A. No. 404 of 2022 an application for condonation of delay under Section 5 of the Limitation Act. Impugned order was passed in 22.04.2019. Writ petition was filed before the Telangana High Court on 28.06.2019 which was decided on 07.09.2022 with liberty to Appellant to file the Appeal within six weeks. Thereafter, Appeal was filed on 20th October, 2022. Learned Counsel for the Appellant submits that the delay in filing the Appeal was not intentional. Rather initially the Appellant was advised to file the Writ Petition.
Opposed by the Learned Counsel for the Respondents. Having heard the Learned Counsel for the parties, I found the ground to be sufficient. Accordingly, I.A. No. 404 of
Issues for consideration
1 issue framed by the court
Whether condonation of delay in filing the appeal is warranted under Section 5 of the Limitation Act
Parties & counsel
- appellant
K. Vishnu Murthy
- respondent
Central Bank of India
- respondent
Respondent No. 2
Coram
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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