Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs MS XENITIS INFOTECH LTD AND ORS on 7 September 2026
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Rina S. Order Sheet (continuation) Case No. NDN/1303/2026 Arising out of OA/204/2015 MS XENITIS INFOTECH LTD AND ANR Vs UCO BANK AND ORS. Date of the Order Order with Signature Office action with date and dated Signature of Parties when necessary 07/09/202 6 Ld. Counsel Mr. Subhankar Nag, Mr. Arkaprava Sen, Mr. Sayantan Kar, Mr. Debendranath Saha, Ms. Sananda Bhattacharya, Ms. Sukanya Sahoo, Ms. Joshika Chatterjee, Mr. Saptak Naskar, Mr. Debraj Pal and Mr. Parichay Pathak appear for NDN Applicant. Ld. Counsel Ms. Safura Ahmed and Mr. Ankit Chatterjee appear for Respondent Bank. MA/44/2024 and IA/2158/2025 are dismissed for default on 19/12/2025. Applicant has filed application for recall of order on 20/08/2026 after 8 months. As per Section 22(2)(g) of the Recovery of Debts and Bankruptcy Act, 1993 DRT shall follow Code of Civil Procedure, 1908 (5 of 1908) for setting aside any order of dismissal of any application for default or any order passed by it exparte; For setting aside order of dismissal under Order 9 Rule 9 of Code of Civil Procedure, 1908 (5 of 1908) Applicant has to file application within 30 days. As per Article 122 of Limitation Act 1963 Applicant has to file application within thirty days from the date of dismissal.
Rina S. Date of the Order Order with Signature Office action with date and dated Signature of Parties when necessary Section 5 of the Limitation Act also provides: “Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.” In this case the Applicant has not explained the delay and has not proved sufficient reasons not filing application in time. Hence, Delay condonation petition is liable to be dismissed. Delay condonation petition as well as NDN/1303/2026 Arising out of OA/204/2015 is dismissed. (Ambuja Mohan Das) Presiding Officer