Single bench order where the Appellant applied for condonation of 11-day delay in filing an appeal. With no opposition filed by the Respondent, the Debt Recovery Appellate Tribunal set aside the delay and directed the appeal to be taken on file.
The delay of 11 days in filing the appeal is condoned, and the appeal shall be taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
I.A. No.522/2024 (CoD)
In
Appeal on Diary No.1614/2024
Between
Sangli Urban Co-operative Bank Ltd. … Appellant/s V/s.
Shambaba Cotton Industries …Respondent/s
Mrs Madhuri R. Vaidya (through video-conferencing), Advocate for Appellant.
Mr Harish Adwant (through video-conferencing), Advocate for Respondent.
This is an application for condonation of 11 days delay in filing the appeal. On 26.08.2024, the Ld. Counsel appearing for the respondent bank sought time to file a reply to this application. Two weeks was granted but no reply was filed within the time. Today when the matter was taken up for hearing, the Ld. Counsel for the respondent bank also submits that the reply is being filed today. The copy of the reply has not been submitted to the other side. The reply filed out of time is not present and the delay has been explained in the application. I find that there is no reply or opposition to the explanation given the aforesaid delay. Hence, the delay of 11 days in filing the appeal is condoned.
The appeal shall be taken on file in case there are no other defects to
1
be cured.
Sd/-
List the matter before the Registrar on 21.10.2024.
Chairperson
mks-01
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2 issues framed by the court
Whether the delay of 11 days in filing an appeal warrants condonation in the absence of a filed reply
Whether the application for condonation of delay should be accepted in the absence of opposition from the other side
Sangli Urban Co-operative Bank Ltd.
Shambaba Cotton Industries
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
