This order grants an application under Section 5 of the Limitation Act for condoning a 22-day delay in filing a restoration application. It allows a motion for restoration recalling an order of dismissal for default.
I.A. 161 of 2026 allowed; M.A. Dy. No. 230 of 2026 allowed; order dated 05.01.2026 recalled; appeal restored.
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 DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Application No. 230 of 2026
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 75 12.05.2026
Kotak Mahindra Bank
... Appellant
--Vs—
Deccan Chronicle Holdings Ltd.
.... Respondents
For Appellant : Mr. Jayabrata Basu Ray, ld. Adv.
For Respondent :
THE APPELLATE TRIBUNAL
Respondent is served but not represented. Heard learned counsel for respondent.
I.A. 161 of 2026 is filed by the appellant u/s 5 Limitation Act for condonation of 22 days delay in preferring the restoration application and M.A. dy. No. 230 of 2026 is filed for restoration of the appeal No. 70 of 2016.
It is submitted by the appellant that delay is not intentional rather procedural in nature. Having considered the ground explained I found the ground sufficient to condone the delay. Accordingly, I.A. 161 of 2026 is allowed. Delay in preferring the restoration application is condoned.
Application for restoration is filed by the appellant for recalling the order dated 05.01.2026 whereby appeal was dismissed for default. Learned counsel for appellant would submit that he was diligently pursuing the matter, but on 05.01.2026 when the matter was taken up, he was busy in Hon’ble High Court and could not attend court despite intimation by the advocate on record. Having considered the submission, I found the ground sufficient. Accordingly, M.A. Dy. No. 230 of 2026 is allowed. Order dated 05.01.2026 is recalled. Appeal is restored to its original number.
List on 15.07.2026 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 12.05.2026 06/pkb
2 issues framed by the court
Whether the delay in condoning the restoration application is intentional or procedural and whether it can be condoned.
Whether the delay in appearing in court due to being busy in High Court is a valid ground for restoration.
1 provisions across 1 enactments
Kotak Mahindra Bank
Deccan Chronicle Holdings Ltd.
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
