BANK OF INDIA Vs. CHOTANAGPUR GRAPHITE INDUSTRIES AND ORS.
DEBTS RECOVERY APPELLATE TRIBUNAL
BANK OF INDIA
Chotanagpur Graphite Industries And Ors.
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Arunabha Barua, J. (Chairperson) -
(1.) LEARNED Advocate for the appellant is present. None has appeared for the respondents.
(2.) THE matter relates to an application under Section 5 of the Limitation Act praying for condonation of delay for filing the present appeal. The only point for consideration is whether sufficient reason have been ascribed for the delay and whether the reasons as shown by the applicant. Bank of India, are acceptable to the Tribunal to condone the delay and to admit the appeal.
(3.) THE sequence of events that has allegedly led to the delay in filing the appeal may be summed up as follows:
The impugned order of the D.R.T., Ranchi was passed on 21st November, 2005 and the instant appeal was filed on 3rd February, 2006. In between the controlling office of the applicant -Bank as per their usual practice forwarded all papers and documents to the zonal office on 23rd December, 2005. Mr. Pradip Pal Choudhury was engaged by the zonal office as the Advocate to file and represent the case for the Bank in the appeal. The learned Advocate, Mr. Choudhury was unable to take effective steps for the purpose due to the Christmas vacation and only on 6th January, 2006 he could supply a draft memorandum of appeal to the zonal office of the Bank for their approval and on 10th January, 2006 the zonal office duly forwarded the said memo of appeal to the said controlling office, the said controlling office after due verification by the concerned Branch forwarded the said memo of appeal to its head office at Mumbai on 18th January, 2006 to obtain their approval, the head office accorded the approval on 27th January, 2006. On 30th January, 2006 the controlling office got the said approval and asked the concerned Branch Manager to visit Kolkata to comply with the necessary formalities concerning the filing of the appeal and the said Manager on 1st February, 2006 reached Kolkata and on the same date contacted Mr. Pal Choudhury, the learned Advocate, to file the appeal and the appeal was duly filed on 3rd February, 2006.;
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