191090006552023_31b2f5c7c5ce1a1db64c82b87eb938b1.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA 
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
  Misc. Application  Diary  No. 655 of 2023
12.03.2024
Kotak Mahindra Bank
... Appellant
       -Vs- 
Deccan Chronicle Holdings Ltd.
……Respondents
 Mr. J Basu Roy, Learned Counsel
  for the Appellant
None for the Respondent
THE APPELLATE TRIBUNAL :      
                               I.A. No. 385 of 2023
Heard the Learned Counsel for the Appellant and 
perused the record.  Despite service none appears for the 
Respondents.  It appears that  appeal No. 70 of 2016 was 
dismissed in default on 19th July, 2023.  Application for 
restoration was moved on 5th October, 2023 along with an 
application for condonation of delay being I.A. No. 385 of 
2023.  There is a delay of 34 days only.  Learned Counsel for 
the Appellant submits that the delay is not intentional.  I 
found the ground to be sufficient.  Accordingly, I.A. No. 385 
of 2023 is allowed.  Delay in filing restoration application is 
condoned.  
Dy. No. 655 of 2023 for restoration of the Appeal.  
Learned Counsel for the Appellant submits that inadvertently 
correct  date of listing could not be noted in hjis diary and 

2
the Learned Counsel was also suffering from heard attack.  
Hence, he could not appear.
Having considered the submission, I found the ground 
to be sufficient.  Accordingly, Diary No. 655 of 2023 is 
allowed.  Order dated 19th July, 2023 is recalled.  Appeal is 
restored to its original number.
List on 17th May, 2024 for hearing.  In the meantime, 
Appellant may file a supplementary affidavit  communicating 
the status of the proceedings pending before NCLT. 
                                                   (Anil Kumar Srivastava,J)
                   Chairperson 
Dated  12th March, 2024
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