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2022 Supreme(Bom) 1763

DIPANKAR DATTA, M. S. KARNIK
State Bank of India, IFB Branch – Appellant
Versus
Vitthal Agro Products Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mayur Khandeparkar a/w Ms. Supriya Majumdar and Mr. Tarak Shah i/by Vaish Associates
For the Respondent: Mr. Drupad Patil, Mr. Sankalp S. Golatkar

JUDGMENT :

1. The petitioner, State Bank of India, is aggrieved by the order of the Chairperson, Debts Recovery Appellate Tribunal, Mumbai [hereafter “the DRAT(M)”, for short] dated 8th April, 2021, refusing to condone the delay of 273 days in presentation of an appeal under section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereafter “the SARFAESI Act”, for short]. The appeal had been carried by the petitioning bank against an order dated 2nd June, 2018 of the Presiding Officer, Debts Recovery Tribunal, Pune [hereafter “the DRT(P)”, for short], passed on an application under section 17 of the SARFAESI Act of the respondent no.1.

2. The order under challenge dated 8th April, 2021 records that although the application under section 17 of the SARFAESI Act was allowed by the DRT(P) on 2nd June, 2018, certified copy of the said order was received on 5th July, 2018 whereafter the appeal was presented on 10th April, 2019; that the application seeking condonation of delay was completely silent as regards the date on which the applicant instructed its advocate to apply for the certified copy and the date on which the certif

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