The DRTA allowed the condonation of a 6-day delay in filing an appeal against an interim order of the DRAT, Stay Order dated 19.06.2024. The court permitted the appellant to proceed with the appeal and directed listing.
Condoned the delay of 6 days in filing the appeal and allowed the application.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. No. 812/2024 (CoD)
In
Appeal on Diary No. 1607/2024
Between
The Mahesh Urban Co-op. Bank Pvt. Ltd.
… Appellant/s
V/s.
M/s. Siddheshwar S/o Ramrao Aghav & Ors. …Respondent/s Mr J.K. Jadhav, Advocate for Respondent No.1 Mr. Vatsal Gosalia, Advocate for Respondent No.2
-: Order dated: 18/11/2024:-
The appellant has filed this appeal impugning the order dated 19.06.2024 allowing the Securitisation Application(S.A.) No. 03/2019 by the Debt Recovery Tribunal, Aurangabad (D.R.T.). There is a 6- day delay in filing this appeal and I.A. No. 812/2024 has filed for condoning that delay.
The Ld. Counsel appearing for respondent No.1 has appeared and vehemently opposed this application stating that the reasons stated for condoning the delay are not sufficient.
After hearing the Ld. Counsel appearing for the respondents and on perusal of the records, I find that the delay has been sufficiently explained and it is after all, the delay of only 6 days, and therefore, it is only in the interest of justice that the matter be heard on matters and hence, the application is allowed and delay of 6 days is condoned.
The appeal shall be taken on file if there are no other defects to be cured.
Respondent No.1 is at liberty to file a Vakaltnama and reply to the appeal.
List the matter on 03.12.2024 before the Ld. Registrar.
Sd/Chairperson
psa-26
1
2 issues framed by the court
Whether the delay of 6 days in filing the appeal should be condoned.
Whether the respondents are permitted to file a reply to the appeal.
The Mahesh Urban Co-op. Bank Pvt. Ltd.
M/s. Siddheshwar S/o Ramrao Aghav & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
