Smt Karri Veda Prasanna v. Karur Vysya Bank
Case brief
What is this about?
The DRAT allowed the appeal, setting aside the lower court's dismissal of the appellant's Special Appeal on the grounds of delay. The court found sufficient cause for condonation of delay due to the appellant's illness and failure of counsel to communicate the default judgment. The appellant is directed to make a token deposit of Rs. 10,000.
What did the court decide?
The impugned order dismissing the Special Appeal was set aside subject to a payment of Rs. 10,000 to the State Legal Services Authority, West Bengal.
Reportable/Non-Reportable
Appeal Diary No. 1346 of 2025-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Diary No. 1346 of 2025
(Arising out of M.A. 17 of 2023 in S.A. 286 of 2020 in DRT, Visakhapatnam)
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Smt. Kari Veda Prasanna, D.No. 1-68, State Bank Road, Neggepudi Village, Penumantra Mandal, West Godavari District – 534 122.
… Appellant
-Versus-
- M/s. Karur Vysya Bank Limited, head office at Erode, Karur represented through its Authorized Officer Asset Recovery Branch, No. 5-8-356 to 362, 3rd Floor, Chirag Ali Lane, Abids, Hyderabad – 500 001;
- M/s. Karur Vysya Bank Limited, head office at Erode, Karur through its Branch Manager represented through its Branch Manager, Sri Kaalahastti Branch, SRIKALAHASTI SPSR, Nellor District, Andhra Pradesh: 517 644;
Issues for consideration
2 issues framed by the court
Whether a litigant was deprived of an opportunity to contest a default dismissal due to lack of communication from counsel and illness during the pandemic.
Whether sufficient cause for the condonation of delay in filing a restoration application can be established under these circumstances.
Parties & counsel
- appellant
Smt. Kari Veda Prasanna
- respondent
M/s. Karur Vysya Bank Limited
- respondent
M/s. Sri Sai Venkata Laxmi Rice Mill
- respondent
Smt. Velagala Sai Venkata Laxmi Paali
- respondent
Sri Velagala Vijaya Gopala Reddy
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090013462025
- Topic
- Banking and Recovery
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