Tribunals and CommissionsSingle Bench(2022) 05 DRAT CK 0029

International Asset Reconstruction Company Pvt. Ltd vs Best Deal Properties Pvt. Ltd. & Ors

Debts Recovery Appellate Tribunal · Decided on 5 May 2022

HON’BLE JUDGES
Ashok Menon, Chairperson
RESULT
Allowed
CASE NUMBER
I.A. No. 117 Of 2022 (CoD) In Appeal on Diary No. 255 Of 2022

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Judgment

8 paragraphs · 214 words

Ashok Menon, Chairperson

There is no representation for Respondents.

This is an application for condonation of delay in filing Appeal.

The impugned order is dated 12.11.2021 and Appeal was filed on 25.04.2022 with delay of 119 days.

The Ld. Counsel appearing for the Appellant relied on the order dated 10.01.2022 passed by the Hon’ble Supreme Court in M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020 which clearly states that period from 15.03.2020 till 28.02.2022 shall stand excluded in computing the periods prescribed under Section 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribed period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

In view of above findings of the Hon’ble Supreme Court, I am of the view that delay has to be condoned. Hence I.A. No. 117/2022 is allowed and delay of 119 days in filing Appeal on Diary No. 255/2022 is condoned.

Registry is directed to take this Appeal on file, if there are no other defects.

Post on 20.05.2022 before Registrar for compliance.