IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.R.SHRIRAM, CJ, MOHAMMED SHAFFIQ, J
M/s. Eswaran & Sons Engineers Limited – Appellant
Versus
The Registrar The Debt Recovery Appellate Tribunal Chennai – Respondent
| Table of Content |
|---|
| 1. explanation for the delay in filing the appeal. (Para 1 , 2 , 3 , 4) |
| 2. power of tribunal to condone delays and promotion of substantial justice. (Para 6 , 8 , 9 , 10) |
This petition impugns an order dated 25.07.2024 passed by the Debt Recovery Appellate Tribunal rejecting petitioner's application to condone the delay of 52 days.
2. The Debt Recovery Appellate Tribunal observed that even if petitioner was taken to be unwell for two weeks, that would still leave 38 days unexplained.
3. Petitioner is an 85 year old individual. In the application for condonation of delay, petitioner has explained that he was under a reasonable impression that he would receive a copy of the impugned order as envisaged under Section 20(3) of the Recovery of Debts and Bankruptcy Act, 1993, after which, he would instruct counsel to file an appeal. While waiting for the order, petitioner fell ill and was advised two weeks' bed rest.
4. It is also stated in the additional affidavit in support that thereafter, petitioner came to realise that he had to apply for the certified copy which he did on 24.07.2023 soon after his recovery from illness. 5. Considering the overall situation, in our view,
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