In an application for condonation of delay in filing an appeal, the Debt Recovery Appellate Tribunal considered affidavits explaining late filing due to health issues. With the explanation remaining unchallenged by the bank, the Tribunal allowed the application, condoning the delay.
Delay in filing appeal admitted; parties bear own costs.
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.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 5th January, 2024
PRESENT: Hon’ble Mr. Justice S. Ravi Kumar CHAIRPERSON
IA 272/22
in
A.IR:102/2022
(RA 05/2018 on the file of DRT-II, Bengaluru)
Between
…Petitioners/ Appellants
And
Indian Bank, No.110, M.G. Road, Bangalore – 560 001.
…Respondent
For Petitioner : Mr. M.A.Rajendra For Respondent : Mr. T Sundarrajan
1
ORDER
the Appeal against Order dated 31.10.2020 in RA 05/2018 on the file of DRT-II, Bengaluru.
2
from the date of Order but, Petitioners/Appellants failed to
do so; instead, they filed Writ Petition and Petitioners/Appellants could not file the Appeal within 30 days from the date of disposal of Writ Petition, and delay mentioned is false and frivolous, and Application is liable to be dismissed.
the Appeal, if 30 days are calculated from the date of obtaining copy.
7. Both Advocate for Petitioners/Appellants and
Respondent reiterated the contentions and rival contentions of their respective clients.
3
4
Application is only to condone delay, it is not proper to go into the merits and demerits of the case, and only aspect that has to be examined is whether delay is satisfactorily explained or not. As rightly pointed out by Learned Advocate for Petitioners/Appellants, when
Petitioners/Appellants filed better Affidavit dated 01.06.2023 giving explanation for delay, same is not challenged by Bank. Therefore, I am of the view that better Affidavit dated 01.06.2023, has to be accepted.
Delay in filing the Appeal is condoned. Both parties shall bear their own costs.
[Dictated to Athistamani, PS transcribed by her, corrected, signed and pronounced by me in open court, this 5th of January, 2023]
[ Justice S. Ravi Kumar] CHAIRPERSON
5
1 issue framed by the court
Whether delay in filing the appeal against the DRT's order is satisfactorily explained by medical grounds and thus requires condonation.
1 provisions across 1 enactments
M/s. Vaikund Property Development (P) Ltd. & Ors.
Indian Bank
S. Ravi Kumar
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
