Victory Iron Work Limited v. Canara Bank
Case brief
What is this about?
In an appeal regarding a 1270-day delay in challenging an order to deposit title deeds, the Tribunal rejected arguments based on deceased counsel's alleged advice and inability to retrieve case files, dismissing the limitation application.
What did the court decide?
I.A. 93 of 2023 under Section 5 of the Limitation Act was dismissed, and consequently, the miscellaneous appeal filed vide Misc. Appeal Diary No. 145 of 2023 was also dismissed.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Diary No. 145 of 2023
(Arising out of I.A. 1428 of 2019 in O.A. 38 of 2005 at DRT-I, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
09.02.2024 Victory Iron Works Limited … Appellant -VsCanara Bank & 3 Others … Respondents Mr. A.K. Dhandhania with Mr. Debabrata Basu Ray and Ms. Shreya Basu, Learned Counsel for the Applicant
Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Counsel for Respondent No.1/Bank
THE APPELLATE TRIBUNAL :
I.A. 93 of 2023
Application under Section 5 of the Limitation Act for condonation of 1270 days delay in filing the appeal against order dated 2.8.2019 passed by DRT-I, Kolkata in I.A. 1428 of 2019 in O.A. 38 of 2005. Instant appeal has been preferred by the Appellant against the order dated 2.8. 2019 passed by Learned DRT-I, Kolkata in O.A. 38 of 2005 wherein the Defendant No. 4 was directed to deposit the title deed with the Registrar of the Tribunal by the next date and the matter was posted for 29.11.2019.
Feeling aggrieved by the impugned order, appeal is preferred on 23.2.2022 along with an application under Section 5 of the Limitation Act being I.A. 93 of 2023.
Issues for consideration
3 issues framed by the court
Whether sufficient cause is made out for condonating a delay of 1270 days in filing an appeal against an order directing deposit of title deeds.
Whether the untimely death of the erstwhile counsel and alleged withholding of case papers amount to a valid explanation for the delay.
Whether the appellant can rely on advice from a now-deceased counsel not to file an appeal as a ground for condonation of delay.
Parties & counsel
- appellant
Victory Iron Works Limited
- respondent
Canara Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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