Tribunals and CommissionsSingle Bench(2022) 05 DRAT CK 0011

Shri Sandeep Harish Kewlani & Ors vs Authorized Officer, Shriram City Union Finance Ltd

Debts Recovery Appellate Tribunal · Decided on 13 May 2022

HON’BLE JUDGES
Ashok Menon, Chairperson
RESULT
Allowed
CASE NUMBER
I.A. No. 142 Of 2022 (CoD) In Appeal on Diary No. 94 Of 2022

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Judgment

8 paragraphs · 256 words

Ashok Menon, Chairperson

1.

The matter is taken up for hearing by way of praecipe dated 12.05.2022 filed by Appellants for seeking urgent relief.

2.

I.A. No. 142/2022 is for application for condonation of delay of 106 days in filing present Appeal.

3.

The Ld. Counsel 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.

4 The delay of 106 days is covered in view of Hon’ble Supreme Court as well as reasons stated in application and accompanying affidavit, I am of the view that delay has to be condoned. Hence I.A. No. 142/2022 is allowed and delay of 106 days in filing Appeal on Diary No. 94/2022 is condoned.

5.

Registry is directed to register the Appeal upon removal of office objections, if any.

6.

Ld. Counsel appearing for the Respondent submits that seven days’ prior notice would be given to Appellants before taking any steps.

7.

Post on 21.06.2022 before Registrar for compliance.