Dr. Sandip Ashok Bharude & Ors. v. Canara Bank

…Appellant

Canara Bank

…Respondent

Case No: Misc. Appeal No. 145/2023

Date of Judgement: 22/12/2023

Judges:

Mr Justice Ashok Menon, Chairperson

For Appellant: Mr. Anant Deshmukh, Advocate for Appellant.

For Respondent: Mr. Gajendra Rajput, Advocate.

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Facts:

Arguments by the Parties:

The Appellants sought condonation of the delay in filing the written statement in the O.A. before the D.R.T. They argued that the D.R.T. has the power to condone the delay in filing the written statement, which was not filed within the stipulated time period.

Cases Cited:

International Asset Reconstruction Company of India vs. Official Liquidator of Aldrich Pharmaceuticals Limited, (2017) 16 SCC 137
Standard Chartered Bank Limited vs. MSTC Limited (2020) 13 SCC 618
Avneesh Chandan Gadgil vs. Oriental Bank of Commerce, Live Law 2021 SC 679

Sections and Laws Referred:

Rule 12(1) and Rule 12(3) of the Debts Recovery Tribunal (Procedure) Rules, 1993
Section 5 of the Limitation Act (referred to but not explicitly mentioned)