Tribunals and CommissionsSingle Bench(2022) 05 DRAT CK 0018

Mrs. Asha Rupnarain Chand vs Phoenix ARC Pvt. Ltd. & Ors

Debts Recovery Appellate Tribunal · Decided on 9 May 2022

HON’BLE JUDGES
Ashok Menon, Chairperson
RESULT
Allowed
CASE NUMBER
I. A. No. 76 Of 2021 In Appeal on Diary No. 50 Of 2021

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Judgment

8 paragraphs · 223 words

Ashok Menon, Chairperson

I.A. No. 76/2021 is for condonation of delay of 21 days in filing present Appeal.

The impugned order is dated 19.12.2020 and Appeal is filed only on 15.02.2021 with delay of 21 days.

Respondent No.1 has opposed the application for condonation of delay.

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. 76/2021 is allowed and delay of 21 days in filing Appeal on Diary No. 50/2021 is condoned.

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

Post on 18.05.2022 before Registrar for compliance.