Piyush Kanodia v. Indian Bank
Case brief
What is this about?
In the absence of the appellant, the tribunal dismissed the IA for condonation of delay and the IA for waiver from pre-deposit in default. Consequently, the appeal was dismissed as time barred.
What the court decided
A compact analysis
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 HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Appeal Dy. No. 1142 of 2024
(Arising out of SA No. 148 of 2021 in DRT-III, Kolkata)
Order No. 08 11.02.2026
Piyush Kanodia ……Appellant -VsIndian Bank & Anr. … Respondents
None for the Appellants
Mr. Soudip Pal Choudhuri, Learned Counsel for the Respondents
THE APPELLATE TRIBUNAL :
I.A. No. 213 of 2025 I.A. No. 214 of 2025
The matter is taken up in the revised list.
None is present for the Appellant. I.A. No. 214 of 2025 Application under Section 5 of Limitation Act, 1963 for condonation of delay filed by the Appellant is dismissed in default.
I.A. No. 213 of 2025 Application under Section 18 of the SARFAESI Act, 2002 for waiver from making pre-deposit is dismissed in default.
Issues for consideration
2 issues framed by the court
Whether an application for condonation of delay under Section 5 of Limitation Act, 1963 filed without presenting the appellant can be entertained.
Whether an application for waiver from making pre-deposit under Section 18 of the SARFAESI Act, 2002 filed without presenting the appellant can be entertained.
Parties & counsel
- appellant
Piyush Kanodia
- respondent
Indian Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
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