Debts Recovery Tribunals and Appellate Tribunals
MS NAVKAR TEXTILE vs STATE BANK OF INDIA on 4 November 2026
1IA 698of 2022Exh-11**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD****Present: Pankaj Kumar Upadhyay, Presiding Officer****INTERLOCUTORY APPLICATION No.1625 of 2022****IN****Diary (M.A. No) 698 of 2022****IN****O.A. No.814 of 2019****Date of Order: 04/11/2026****M/s. Navkar Textiles****..... Applicant****Versus****State Bank of India****..... Respondent****Present: Mr. D. D. Chauhan, Ld. Counsel for the Applicant.****Mr. A. G. Barot, Ld. Counsel for the Respondent Bank.****ORDER**
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1. 1. The Applicant has filed the present application for condonation of delay of 101 days in filing Miscellaneous Application for recalling the judgment dated 03/06/2021 passed by this Tribunal in O.A. No.814/2019. The Respondent Bank has filed its reply to the application vide Exh.R/07 and denied the statements and averments made by the Applicants.
2. 2. I have heard Ld. Counsels for both the parties and perused the records. Ld. Counsel for the Applicant has filed his written submissions vide Exh.A/09, whereas Ld. Counsel for the Respondent Bank has filed his written submissions vide Exh.R/10.
3. 3. Ld. Counsel for the Applicant submitted that ex-parte judgment was passed by this Tribunal in O.A. No.814/2019 on 03/06/2021. The Applicant had preferred Review Application No.2/2021 against the said judgment, which was dismissed by this Tribunal vide order dated 17/12/2021. The Applicant applied for certified copy of order dated 2IA 698of 2022
17/12/2021 and the same was received by the Applicant on 04/01/2022. Accordingly, limitation period would start from 04/01/2022 and the Applicant has filed the present application for condonation of delay on 28/03/2022. He further submitted that the Hon'ble Apex Court has directed to exclude the period of limitation from 15/03/2020 to 28/02/2022 under all general and special laws for judicial and quasi-judicial proceedings by passing various orders any Suo Motu Writ Petition No.3/2020. Therefore, considering the said directions of Hon'ble Supreme Court, the Miscellaneous Application filed by the Applicant on 28/03/2022 is within the prescribed time limit. However, to avoid technicalities, the Applicant has filed the present application for condonation of delay, if any.
1. 4. Ld. Counsel for the Respondent Bank, on the other hand, submitted that the Applicant had earlier filed Review Application No.2/2021 against the Judgment of this Tribunal passed on 03/06/2021. Considering the facts mentioned in the said Review Petition filed by the Applicant, it was dismissed by this Tribunal on 17/12/2021. The Applicant has filed the present application for condonation of delay on the same facts and hence, applying the principle of *res judicata*, the present application deserves to be dismissed.
2. 5. The Hon'ble Supreme Court of India has extended limitation periods for various legal proceedings, offering relief to litigants impacted by the COVID-19 pandemic. This decision, stemming from a Suo Motu Writ Petition, addresses the significant challenges faced in meeting deadlines during periods of widespread illness and disruption. The Hon'ble Apex Court first addressed this issue in March 2020, extending limitation periods until further orders. Subsequent orders, including one in March 2021 and September 2021, further adjusted these extensions in response to evolving pandemic circumstances. The latest order, responding to a Miscellaneous Application (M.A. No. 21 of 2022) filed by the Supreme Court Advocates on Record Association (SCAORA), addresses the impact of the new COVID-19 variant and its surge.
3. 6. Thus, the Hon'ble Supreme Court order restores its March 23, 2020 order and provides the following crucial directions:
**Exclusion Period:** The period from March 15, 2020, to February 28, 2022, is excluded from the computation of limitation periods under all general and special laws for judicial and quasi-judicial proceedings.
3IA 698of 2022
**Post-Exclusion Period:** The remaining limitation period, as of October 3, 2021, if any, will be available from March 1, 2022.
**90-Day Grace Period:** For cases where limitations expired between March 15, 2020, and February 28, 2022, litigants will have a 90-day grace period from March 1, 2022, or the remaining actual limitation period (whichever is longer).
1. 7. It appears from the record that the Applicant has filed the present application on 28/03/2022 and accordingly, it is covered within the limitation period excluded from computation for filing any judicial proceedings under general laws or special laws.
2. 8. In view of the aforesaid discussion, the application for condonation of delay is hereby allowed in the interest of justice.
3. 9. Registry is hereby directed to register and number the Miscellaneous Application for recalling judgment dated 03/06/2021 passed in O.A. No.814/2019.
**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD** **04/11/2026**
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