Debts Recovery Tribunals and Appellate Tribunals
Prashant Kishor Mehta & Ors vs PHOENIX ARC PVT LTD on 28 March 2022
**BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT : MUMBAI**
**Present : Mr. Justice Ashok Menon,
Chairperson**
**I.A. No. 28/2022
In
Appeal No. 12/2022**
**Between**
<table style="width: 100%; border: none;"><tr><td style="width: 60%;">Mr. Prashant Kishor Mehta & Anr.<br/>V/s.<br/>Phoenix ARC Pvt. Ltd.</td><td style="width: 40%; text-align: right;">... Applicant/s<br/><br/>... Respondent/s</td></tr></table>
This I.A. coming up for hearing before me in the presence of Mr. G. Kinkhabwala along with Ms. Sonali Jain, Advocate for Applicants.
Mr. Rohit Gupta along with Mr. Nikhil Rajani and Ms. Shobha Chavan, i/b M/s V. Deshpande & Co., Advocate, representing Respondent.
**-: Order dated : 28/03/2022 :-**
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1. 1. This application is filed by Applicants seeking condonation of delay of 18 days in preferring present Appeal against order dated 07.06.2021 in Appeal No. 6/2021 on the files of DRT-I, Mumbai.
2. 2. The Ld. Counsel for the Applicants 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.
3. Ld. Counsel for Applicants submitted that because of the pandemic situation Appeal could not be filed within stipulated time.
4. In view of above findings of the Hon'ble Supreme Court, I am of the view that delay has to be condoned. Hence I.A. No. 28/2022 is allowed and delay of 18 days in filing Appeal on Diary No. 369/2021 is condoned.
5. Registry is directed to register the Appeal upon removal of office objections, if any.
6. Post on 29.03.2022 for hearing on I.A. No. 33/2022 (waiver of deposit) and I.A. No. 34/2022 (application for stay).
Chairperson
dpj-12