The court allowed an application for condoning a 93-day delay in filing an appeal by the appellant bank against an order of the Debt Recovery Tribunal-I, Ahmedabad.
Application for condoning delay allowed; appellant directed to pay costs and deposit ₹25,000 with D.R.T. Bar Association, Mumbai.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. No. 704/2023 (CoD)
In
Appeal on Diary No. 1255/2023 Between
Union Bank of India … Appellant/s
V/s.
Shilpaben Prakash Kumar Patel & Ors. …Respondent/s
Ms. Mable Soans & Ms. Naina Chheda, Advocate for Appellant.
Mr. Rohit Gupta & Ms. Gauri S., i/b M/s. Apex Law Partners, Advocate for Respondent No.1.
-: Order dated: 05/11/2024:-
This is an application filed for condoning the delay of 93 days in filing this appeal challenging the order dated 04.03.2023 of the Debt Recovery Tribunal-I, Ahmedabad (D.R.T.). The bank is in appeal and certain explanations are given for the delay which was sought to be condoned.
The explanation offered is not so satisfactory, but I find that the appeal has to be taken on file and disposed of on merits to the interest of justice, and therefore, the application is allowed.
The appellants are put to payment of cost for condoning the delay and directed to deposit a sum of ₹25,000/- with the D.R.T. Bar Association, Mumbai for purchasing books and periodicals within two weeks.
List on 21.11.2024 before the Registrar for reporting compliance.
Sd/Chairperson
psa-20
1
2 issues framed by the court
Whether the delay of 93 days in filing the appeal is condonable?
Whether the interest of justice requires the appeal to be taken on file?
Union Bank of India
Shilpaben Prakash Kumar Patel
Ors.
Ashok Menon
As recorded by the court registry
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