Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs M/s. Omkar Speciality Chemicals Limited on 11 May 2022
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT : MUMBAI
Present :Mr. Justice Ashok Menon, Chairperson
I.A. No. 90/2022 (CoD)
In
Appeal on Diary No. 64/2022
Between
Bank of Baroda
… Appellant/s
V/s.
M/s. Omkar Specialty Chemicals Ltd.
…Respondent/s
Mr. Rohit Gupta a/w A.R. Bamne, Advocate for Appellant.
Mr. Rishab Shah, Advocate for Respondent No. 1.
Mr. Rajesh Nagori, Advocate for proposed Respondent No.2
(Auction Purchaser).
-: Order dated :11/05/2022 :-
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1. Heard the Ld. Counsels for the Appellant and Respondent.
2. The Appellant has challenged the impugned order of DRT-III, Mumbai, in S.A. No. 130/2020 dated 01.12.2021. This Appeal is filed on 03.03.2022 and there is delay of 54 days in filing Appeal for which Appellant has filed I.A. No.90/2022.
3. The Ld. Counsel for the Appellant 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.
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. 90/2022 is allowed and delay of 54 days in filing Appeal on Diary No. 64/2022 is condoned.
5. Registry is directed to register the Appeal upon removal of office objections, if any.
6. Post on 10.06.2022 before Registrar for compliance. Sd/- Chairperson mks-4