Sri Laxmi Agro Tech v. Union Bank of India
Case brief
What is this about?
The Tribunal held that delay in filing an appeal against the Registrar's order of non-registration due to unremoved defects cannot be condoned. It ruled that Rule 6(5) of the DRAT Procedure Rules has no exception and overrides Section 20(3) of the RDB Act, dismissing both the appeal and the limitation condonation application.
What did the court decide?
Application for condonation of delay under Section 5 of Limitation Act dismissed; Appeal dismissed as time-bared.
Reportable/Non-Reportable
Chamber Appeal Dy. No.269 of 2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT
KOLKATA8
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Chamber Appeal Dy. No. 269 of 2025 (In Appeal Dy. No. 1116 of 2024)
(Arising out of I.A. No. 1417 of 2022 in SAIR No. 731 of 2022 in DRT I, Hyderabad)
M/s. Sri Laxmi Agro Tech, represented by its Managing Partner G. Shiva Prasad, S/o. G. Pandurangaiah, R/o. 1-4-168,40 row houses, New Town, Rajendra Nagar, Mahabubnagar.
.…Appellant
-Versus-
- Union Bank of India (Erstwhile Andhra Bank), Represented by its Authorised Officer Mahabubnagar Branch, PB No. 8, Police HQ, Mahabubnagar.
Issues for consideration
2 issues framed by the court
Whether the delay of 26 days in filing the appeal against the Registrar's order of non-registration can be condoned under Section 20(3) of the RDB Act.
Whether the provision of the DRAT Procedure Rules, 1994 allows for an exception or condonation of the 15-day time limit for filing appeals.
Parties & counsel
- appellant
M/s. Sri Laxmi Agro Tech
- respondent
Union Bank of India
- respondent
M/s Sai Laxmi Rice Industries
- respondent
M/s Mallikarjuna Swamy Rice Industries
- respondent
Smt. Gade Sujtha
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · August
- CNR
- 191090002692025
- Topic
- Banking and Recovery
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