The Tribunal dismissed an appeal seeking condonation of delay. It held that no provision exists to condone delay in appeals under Rule 5 of the DRT Procedure Rules and the appellants failed to provide convincing reasons.
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.
Fair Order
IN THE DEBTS RECOVERY TRIBUNAL - 1 AT ERNAKULAM
DATED THIS 21st DAY OF MAY, 2024
PRESENT: Su. WILLYAHM, B.Sc., M.L. [DISTRICT JUDGE - Retd] PRESIDING OFFICER
MA No.107/2024
in
Diary No.2076/2023 (Appeal)
Between
--- Petitioners
And
--- Respondents
MA 107/2024 in Diary No.2076/2023
This petition coming on 15.05.2024 for hearing before me in the presence of Ms. Sanu S Malakeel, Counsel for the Petitioner and upon hearing arguments of learned counsel for the petitioner and upon perusing the material records, this Tribunal delivered the following:
O R D E R
Page 2 of 3
MA 107/2024 in Diary No.2076/2023
In view of the forgoing reasons, this petition MA No.107/2024 stands dismissed.
Dictated to Steno, taken down, transcribed, typed by her, corrected and pronounced by me in the Open Court, on this the 21st day of May, 2024.
[Su. WILLYAHM]
PRESIDING OFFICER
Page 3 of 3
3 issues framed by the court
Whether condonation of delay can be granted given the absence of sufficient reasons and no provision in the rules to condone delay.
Whether the appeal was filed within the statutory period mandated by Rule 5(5) of the Debts Recovery Tribunal (Procedure) Rules, 1993.
Whether a delay in collecting a certified copy by the counsel's staff justifies condonation of delay for filing an appeal.
2 provisions across 2 enactments
Muraleedharan P.
Srihari M.
The Authorised Officer The South Indian Bank Ltd.
Beena K.
Su. WILLYAHM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
