The Debt Recovery Appellate Tribunal, Chennai, disposed of an application seeking to condone a 612-day delay in filing an appeal. The court dismissed the application, holding that no valid reason was provided for the delay occurring before the COVID-19 exemption period commenced.
Application for condonation of delay in filing appeal dismissed; appeal rejected.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 16th Day of December, 2024
PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON
IA 246/2021 (Delay) In AIR (SA) 60/2021
( Arising out of SA 296/2018 on the file of DRT-III, Chennai)
Between
W/o Mr.Narashia M.Patel No.7, Sathani Street, Kosapalayam Puducherry – 605 013
S/o. Manji Ramji Patel No.7, Sathani Street, Kosapalayam Puducherry – 605 013
S/o. Narashia Patel No.7, Sathani Street, Kosapalayam Puducherry – 605 013
W/o. Mr.Jeethendra N.Patel No.7, Sathani Street, Kosapalayam Puducherry – 605 013
1
And
The Chief Manager, Union Bank of India Previously Corporation Bank Puducherry Branch Ground Floor, Savitha Plaza 100 Feet Road Near India Gandhi Square Puducherry – 605 013 …..Respondent
Counsel for Appellants : G.R.Lakshmanan Counsel for Respondent : R.Santhanam
ORDER
Counsel for both sides present. This application is filed seeking to condone the delay of 612 days in filing the application. The counsel for the petitioner submitted that the petitioner had no funds to approach this Tribunal and there apart due to COVID 19 pandemic, appeal could not be filed in time which resulted in 612 days delay in filing the appeal.
2
The counsel for respondent opposes this petition on the ground that COVID exemption period starts only from March, 2020. There is a delay of about 11 months even prior to commencement of COVID 19 exemption period for computing limitation.
This Tribunal finds that no valid reason given in the affidavit filed in support of application for explaining the delay that had occurred prior to the COVID 19 pandemic situation (i.e.) 23.04.2019 to March, 2020. In the said circumstances, this Tribunal is of the view that reason for condoning the delay cannot be accepted and thus this IA 246/2021 is dismissed resulting in rejection of AIR:60/2021.
Sd/-
[Justice G. Chandrasekharan] CHAIRPERSON
3
2 issues framed by the court
Whether the cause of action for condoning the delay of 612 days in filing an appeal is valid considering the pre-COVID period.
Whether there was a valid reason for the delay occurred prior to the COVID 19 pandemic situation.
1 provisions across 1 enactments
M/s.Sri Kailash Traders Pvt. Ltd.
Mrs.Laxmi N.Patel
Mr.Narashia M.Patel
N.Dinesh Patel
Mrs. J.Aruna
Mrs.Sandhya P. Patel
G. Chandrasekharan
As recorded by the court registry
14 orders share this CNR
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