Ghishulal Kothari v. Union Bank of India
Case brief
What is this about?
Appeal by debtors seeking condonation of 220-day delay in filing an appeal against DRT dismissal of IA 28/2024. Court refused extension, citing Section 19(5)(i) and Anita Garg precedent limiting filing of written statement to 45 days.
What did the court decide?
Application for condonation of delay in filing appeal rejected; appeal AIR 56/2025 dismissed; parties to bear their own costs.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAL
Dated the 27th Day of July, 2026
PRESENT: HON’BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON
IA 336/2025 (Delay) IN AIR 56/ 2025
(Arising out of I.A.No. 28 of 2024 in T A.No. 57 of 2022 on the file of DRT-I, Channai)
Between
- Ghishulal Kothari
- No 10 Sylvan Lodge Colony, 1 Cross Road Kilpauk Chennai-600010
- Shantilal Kothari
No 10 Sylvan Lodge Colony, 1st Cross Road, Kilpauk Chennas- 600 010.
- Sardarmal Kothari
- No 10 Sylvan Lodge Colony, 1 Cross Road, Kilpauk, Chennai 600 010.
Issues for consideration
3 issues framed by the court
Whether a delay of 220 days in filing an appeal against the dismissal of an application for condonation of delay in filing a written statement can be condoned.
Whether a written statement can be filed beyond 45 days from the date of service of summons under Section 19(5)(i) of the RDB Act.
Whether an extension beyond 45 days can be granted despite the specific language of Section 19(5)(i).
Parties & counsel
- appellant
Ghishulal Kothari and others
- respondent
Union Bank of India
Coram
G. Chandrasekharan
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 331090000562025
- Topic
- Banking and Recovery
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