MR SANTANU PATRA vs MS BAJRANG LAL AGARWALA on 29 July 2026

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON Misc. Appeal Diary No. 1364 of 2025 Order No. 10 29.07.2026 Santanu Patra … Appellant -Vs- M/s. Bajrang Lal Agarwala & 3 Others …Respondents Ms. Sampoorna Saha, Learned Counsel for the Appellant Ms. Mou Saha, Learned Counsel for Respondents No. 1 & 2 Mr. Sudipto Chowdhury, Learned Counsel for Respondents No. 3 and 4/Bank THE APPELLATE TRIBUNAL: I.A. 803 of 2025 Application, under Section 5 of the Limitation Act, for condonation of delay of 38 days in filing the appeal against order dated 24.9.2025 passed by Learned DRT-III, Kolkata in S.A. 432 of 2022 (M/s. Bajranglal Agarwal -vs- Punjab National Bank). Heard the Learned Counsel for the parties and perused the records. Learned Counsel for Appellant would submit that application for certified copy was moved on 25th September, 2025 which was ready for delivery on 26.9.2025. Thereafter there was Puja Vacation and Resolution was passed by DRT Bar Association, Kolkata on 24th September, 2025 for Puja Vacation from 29th September, 2025 to 23rd October, 2025. It is further submitted that thereafter the Appellant consulted the Advocate-on-record and then after discussing with the Learned Senior Advocate, the appeal was filed on 28th November, 2025.

2 Learned Counsel for Respondent would submit that no sufficient cause could be shown by the Appellant. Even if there was a resolution of the Bar Association, the Registry was not closed and the appeal could have been filed. Having gone through the records, the only question to be looked into as to whether sufficient cause could be shown by the Appellants in preferring the appeal with delay of 38 days. Impugned order was passed 24th September, 2025. Application for certified copy was moved on 25.9.2025 and the same was prepared on 26.9.2025. Thereafter, there was a resolution of the Bar Association for Puja Vacation wherein it was resolved by the Bar Association that only ‘Put-up’ matters may be taken as the Puja Vacation have been declared from 29th September, 2025 to 23rd October, 2025. Thereafter, certified copy was obtained by the Appellant on 14.10.2025. It is stated that after consulting the Learned Advocate-on-record, Appellant contacted the Senior Advocate and then the Memo was prepared and the appeal was filed. Substantial rights have to be considered in the appeal. Accordingly, having gone through the records and the grounds we find sufficient cause could be shown by the Appellant for condonation of delay. Accordingly, I.A. 803 of 2025 is allowed. Delay in filing the appeal is condoned. Admit the appeal by providing regular appeal number. Opposition to the appeal be filed within two weeks with copy to the Appellant; rejoinder, if any, be filed within two weeks thereafter. List on 18th September, 2026 for hearing of appeal. (Anil Kumar Srivastava,J) Chairperson Dated: 29th July, 2026 01/ac