The Appellate Tribunal condoned a 9-day delay in filing an appeal against a District Recovery Tribunal order setting aside an auction sale, allowing the conditional proceedable appeal of the successful auction purchaser.
Delay of 9 days in filing appeal is condoned; Interim Application No. 58/2024 is allowed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 58/2024(CoD)
In
Appeal on Diary 2344/2023
Between
Rajkumar Choithram Chandiramani … Appellant/s V/s. Amol S/o Laxman Patil & Ors. …Respondent/s An Advocate for Appellant is present. Ms. Hema Desai, Advocate for Respondent No. 5.
-: Order dated: 05/02/2024:-
The matter is taken up for hearing by way of a praecipe filed by Appellant for seeking urgent relief.
The Appellant is the successful auction purchaser who is aggrieved by the order dated 16.11.2023 in S.A. No. 24/2016 on the files of Debts Recovery Tribunal, Aurangabad (D.R.T) setting aside the sale.
The Appellant has filed this appeal with a delay of 9 days, notice has been served on the Respondents they have no objection to condoning the delay as only 9 days which has been properly explained and hence, the delay of 9 days is condoned and I.A. No. 58/2024 is allowed.
The Appeal shall be taken on file if there are no other defects to be cured.
Post on 20.02.2024 before Registrar.
Sd/-
rm-8
1
1 issue framed by the court
Whether to condone a delay of 9 days in filing an appeal under Section 17 of the SARFAESI Act?
Rajkumar Choithram Chandiramani
Amol S/o Laxman Patil
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
