Tribunals and CommissionsSingle Bench(2026) 09 DRAT CK 6098

Asset Reconstruction Co. (India) Ltd. vs Xrbia Ambience Reality LLP & Ors.

Debts Recovery Appellate Tribunal, Mumbai · Decided on 3 September 2026

HON’BLE JUDGES
Vivek Bharti Sharma, Chairperson
RESULT
Allowed
CASE NUMBER
I.A. No. 300/2026 (CoD) In Regular Appeal Diary No. 695/2026

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Judgment

12 paragraphs · 267 words

Present as under:

Mr. Rajesh Nagory, i/b M/s Solomon & Co., Counsel for the Applicant/Appellant.

Mr. Rishabh Shah along with Mr. Mithilesh Kore, Counsel for Respondent Nos. 1, 2, 3, 4, 7, 10, 11, 12 & 13.

No representation for the other Respondents despite repeated calls.

2.

As per report of the Registry 19.06.2026 and 02.09.2026, the service upon the Respondent Nos. 5, 6, 8 and 9 has been duly delivered. Accordingly, proceedings against the Respondent Nos. 5, 6, 8 and 9 are proceeded ex-parte.

3.

Heard on I.A. No. 300/2026 for condonation of delay.

4.

This application is filed for condonation of delay of 6 days in filing the Appeal.

5.

The Learned Counsel for the Applicant/Appellant would submit that the delay was for the reason of time consumed in the receipt of certified copy of the impugned order, collection of the entire set of papers and collecting the details of so many Respondents/Borrowers which is, keeping in mind the delays of 6 days, is sufficient cause.

6.

The Learned Counsel for the Respondents would vehemently oppose the application.

7.

However, considering that the delay is only of 6 days and in the interest of substantial justice, the delay is condoned, subject to payment of costs of ₹50,000/- to Vanvasi Kalyan Kendra, to be deposited within three weeks.

8.

The Registry is directed to register the Appeal. Meanwhile, the Respondents who are present may file their reply to the grounds of Appeal and other incidental applications, if any, within four weeks with an advance copy to the Applicant/Appellant.

9.

List the case on 15.12.2026 for hearing.