Smt Prabha Kumari v. Bank of Baroda
Case brief
What is this about?
In a miscellaneous application seeking condonation of delay to file an appeal against a Registry order under Rule 6(5) of the DRAT Procedure Rules, the Tribunal held that while delay under Section 18 of the SARFAESI Act is condonable under the RDB Act, the specific 15-day period for Registry appeals admits no extension. The application for condonation was dismissed.
What did the court decide?
Misc. Application Diary No. 573 of 2023 and I.A. No. 336 of 2023 are dismissed.
Reportable/Non-Reportable
Misc. Application Diary No. 573 of 2023-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Misc. Application Diary No. 573 of 2023
In Diary No. 325 of 2021
(Arising out of S.A. 74 of 2020 in DRT, Cuttack)
Smt. Prabha Kumari, wife of Raju Kumar Sah, residing at Plot No. D9/3, IRC Village, P.O. - Bhubaneswar, District - Khurda.
… Appellant
-Versus-
- Bank of Baroda, having its Regional Office at Bhubaneswar, 1st Floor, Bivab Gulmohar, Behela Sahi, Nayapalli - 751
Issues for consideration
2 issues framed by the court
Whether an application for condonation of delay in filing an appeal under Rule 6(5) of the DRAT (Procedure) Rules is maintainable under Section 5 of the Limitation Act.
Whether Section 20(3) of the RDB Act, which permits condonation of delay for appeals under the SARFAESI Act, applies to appeals against Registry orders under the DRAT Procedure Rules.
Parties & counsel
- appellant
Smt. Prabha Kumari
- respondent
Bank of Baroda
- respondent
Ramesh Chandra Dash
- respondent
Rashmita Mishra
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 191090005732023
- Topic
- Banking and Recovery
All orders in this case
6 orders share this CNR
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