G Chenchu Dayakar Reddy v. Uco Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an application for condonation of delay and a regular appeal. The tribunal held that the appellant failed to show sufficient cause for a 1145-day delay after a prior order was voluntarily ignored, describing the delay tactics as unsubstantiated attempts to drag proceedings.
What did the court decide?
Application for condonation of delay (I.A. No.409 of 2023) dismissed; Appeal (Dy.No.768 of 2023) dismissed as time barred.
1 Reportable/Non-reportable
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL: KOLKATA CAMP COURT AT DRT, VISAKHAPATNAM
Regular Appeal Dy.No.768 of 2023
(Arising out of SA No.222/2017 In DRT, Visakhapatnam)
THE HON’BLE JUSTICE MR. ANIL KUMAR SRIVASTAVA, CHAIRPERSON
- Sri. G. Chenchu Dayakar Reddy (died), represented by his legal heirs, H. No.81-29-2/1.81-29-2/1,Plot No.18, SBI Cooperative Housing Society limited Near Venkateswara Nagar Junction Road, Road No.2, Venture -2, Rajahmundry Municipality, East Godavari District.
- Smt. Gunnamreddy Bhudevi, W/o G. Chenchu Dayakar Reddy (deceased), H. No.81-29-2/1.81-29-2/1,Plot No.18, SBI Cooperative Housing Society limited Near Venkateswara Nagar Junction Road, Road No.2, Venture -2, Rajahmundry Municipality, East Godavari District.
- Ms. Geddam Aruna Reddy, D/o G. Chenchu Dayakar Reddy (deceased), H. No.81-29-2/1.81-29-2/1,Plot No.18, SBI Cooperative Housing Society limited Near Venkateswara Nagar Junction Road, Road No.2, Venture -2, Rajahmundry Municipality, East Godavari District.
- Ms. Y. Sailaja Reddy, D/o G. Chenchu Dayakar Reddy (deceased), H. No.81-29-2/1.81-29-2/1,Plot No.18, SBI Cooperative Housing Society limited Near Venkateswara Nagar Junction Road, Road No.2, Venture - 2, Rajahmundry Municipality, East Godavari District.
Issues for consideration
2 issues framed by the court
Whether the appellant has shown sufficient cause under Section 5 of the Limitation Act to condone a delay of 1145 days in filing the appeal.
Whether the failure to comply with the prior order on payment of costs and the lack of evidence regarding due diligence justify the condonation of the long delay.
Parties & counsel
- appellant
G. Chenchu Dayakar Reddy (died) and legal heirs
- respondent
UCO Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090007682023
- Topic
- Banking and Recovery
All orders in this case
6 orders share this CNR
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