The Debt Recovery Appellate Tribunal condoned the delay in filing an application for recall of an order dismissing a miscellaneous appeal due to personal grounds for non-appearance. The recalled order was listed for fresh disposal.
Delay in filing the recall application allowed; order dated 03.08.2022 recalled and matter listed for disposal.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL - KOLKATA Diary No. 468/2023 HON'BLE Justice Anil Kumar Srivastava
Date:19/01/2024
State
Bank of Sikkim ... Appellant
--Vs--
Shree Balaji Water and Power Engg P Ltd & Ors.. Respondents For the appellants : Debanjan Chakraborty For the respondents:
I.A. 409 of 2022 is filed u/s 5 of the Limitation Act for condonation of delay in filing the application and an application for recall of the order dated 03.08.2022. Application was served through paper publication to the respondents, but not represented.
Learned counsel for the appellant submits that Misc. Appel No. 475 of 2019 was dismissed for default on 03.08.2022. Learned counsel submits that application was dismissed due to nonappearance of learned advocate who could not appear on the date fixed. Thereafter, learned counsel came to know dismissal of the application and filed recall application. I find that the ground explained is sufficient to condone the delay. Accordingly, delay application is allowed and delay in filing the application is condoned.
Learned counsel further submits that he could not appear on the date fixed due to certain personal ground. The ground for non-appearance as explained by the learned counsel is sufficient. Accordingly, recall application is allowed and the order dated 03.08.2022 is recalled.
List the matter on 15.03.2024 for disposal of Misc. Appl 475 of 2019.
(Anil Kumar Srivastava, J) Chairperson
Dated: 19.01.2024 02/pkb
1 issue framed by the court
Whether the delay in filing the application for recall of the impugned order is sufficient to be condoned under Section 5 of the Limitation Act.
Colour shows how this judgement treated each authority
s. 5 of the Limitation ActReferred¶7
State Bank of Sikkim
Shree Balaji Water and Power Engg P Ltd & Ors.
Anil Kumar Srivastava
As recorded by the court registry
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