NEELAM ROLLER FLOUR MILLS (P.) LTD. AND ANR. Vs. BANK OF BARODA AND ORS.
DEBTS RECOVERY APPELLATE TRIBUNAL
Neelam Roller Flour Mills (P.) Ltd. And Anr.
Bank of Baroda And Ors.
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Arunabha Barua, J. (Chairperson) -
(1.) THE matter relates to an application under Section 5 of the Limitation Act for condonation of delay in filing this appeal. Heard learned Advocates for both sides.
(2.) THE hearing of this application under Section 5 of the Limitation Act has entailed affidavits, supplementary affidavit and affidavits -in -opposition. The impugned judgment and order by the DRT -II, Kolkata, was passed on 25th August, 2005 and the instant appeal was filed on 14th December, 2005.
(3.) THE main reasons for the delay in filing this appeal, as sought to be explained by the petitioner -appellants may be summed up as follows:
(a) Time taken in the proceeding initiated by the appellants in the matter of the revisional application in the Hon'ble High Court, Calcutta, against the impugned judgment and order.
(b) Handing over papers, consultations and conferences with the learned Advocate on record and change of learned Advocate, reliance upon the Advocate on record, to file the appeal as expeditiously as possible, but with the ensuing long Puja vacation intervening steps to be immediately taken by the learned Advocate impeded and the petition was consequently delayed.
(c) Delay caused by the pre -occupation of the learned Advocate on record.
(d) Delay caused by the approval of the draft appeal before its filing.
(e) Illness of the appellant No. 2, who could not come to Calcutta for the purpose of filing the appeal.;
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