SHIRIN FOODS LIMITED vs STATE BANK OF INDIA on 15 September 2026

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON Misc. Appeal Diary No. 1320 of 2025 Order No. 19 15.09.2026 Shirin Foods Limited & Another … Appellants -Vs- State Bank of India … Respondents Mr. Souritro Ganguly, Learned Counsel for Appellants Mr. Debasish Saha (Virtual) with Mr. Jyotishman Sarkar and Sk. Ferozuddin Ahmed, Learned Counsel for Respondents No. 1 and 2/SBI Mr. Sayak Ranjan Ganguly with Ms. Chaitali Acharjee, Learned Counsel for Respondent No.3/KMB THE APPELLATE TRIBUNAL: I.A. 780 of 2025 Application, under Section 5 of the Limitation Act, for condonation of 65 days delay in filing the appeal. Instant appeal is preferred against judgment and order dated 25th August, passed by Learned DRT-I, Kolkata (M/s. Shirin Foods Limited -vs- State Bank of India) dismissing the S.A. No. 54 of 2015. Heard the Learned Counsel for the parties and perused the record. Admittedly, the application for certified copy was moved after the lapse of the statutory period of appeal of 30 days. Now it is to be seen whether the Appellant has been able to make out a ground for condonation of delay.

It is submitted by the Learned Counsel for Appellant that the delay is not intentional rather it was caused in seeking legal advice and thereafter the appeal was preferred. Learned Counsel for Respondent would submit that the Appellant slept over his own right as he applied for certified copy after lapse of the statutory period of 30 days of filing the appeal. Having considered the submission, I find the ground sufficient as the only ground taken by the Appellant is regarding seeking legal advise from different lawyers. Accordingly, I.A. 780 of 2025 is allowed. Delay in filing appeal is condoned. I.A. 781 of 2025 Application paying for waiver from making pre deposit. Heard the Learned Counsel for the parties and perused the record. Learned Counsel for Appellant would submit that Appellants is not in possession over the secured assets and are facing severe financial crunch and as such the amount may be reduced to 25%. Learned Counsel for Respondent Bank would submit that an amount of Rs.6,43,07,429.00 is due as on 30th September, 2025, i.e., the date of filing of the appeal. Provision of Section 18 of the SARFAESI Act, 2002 are mandatory in nature and the Appellant has to make pre deposit in accordance with law. However, since the Appellants submit that they are facing financial crunch, we find it appropriate that the Appellant should make 35% of Rs.6,43,07,429.00 as pre deposit within four weeks. I.A. 781 of 2025 stands disposed of. List on 13th November, 2026 for further orders. (Anil Kumar Srivastava,J) Chairperson Dated: 15th September, 2026 04/ac