191090006262023_6e39e8acd651773db229c080dd254899.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA  
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
      Misc. Application Diary No. 626 of 2023       
11.3.2024
Union Bank of India   … Appellant
              -Vs-
M/s.  Amrutha   Enterprises   & 2 
Others 
       …  Respondents
Mr. Anjan Kumar Paul, Learned 
Counsel for Appellant
THE APPELLATE TRIBUNAL :  
 For Admission
                    I.A. 375 of 2023
Application, under Section 5 of the Limitation Act, for 
condonation of delay in filing the application for recall, being 
Misc. Application Diary No. 626 of 2023.
It appears that the Misc. Appeal Diary No. 350 of 2023 
was dismissed on default on 2nd August, 2023.  Application 
for restoration was moved along with an application for 
condonation of delay of twelve days. Learned Counsel 
submits that the delay is not intentional. 
Respondents are served but not represented.  
Going through the record, I find the ground, as made 
out in the application, is sufficient for condoning the delay of 
twelve days.
The application, being I.A. 375 of 2023, is allowed by 
condoning the delay.
 

2
Misc. Application Diary No. 626 of 2023
Heard the Learned Counsel for Appellant. It is 
submitted that inadvertently the date was noted as           
3rd August, 2023, while the matter was listed on 2nd August, 
2023 and on the date the appeal, being Misc. Appeal Diary 
No. 350 of 2023, was dismissed on default, hence the 
Learned Counsel could not appear on the date fixed.
The ground submitted is sufficient.  
Accordingly      
Misc. Application Diary No. 626 of 2023 is allowed and the 
order dated 2nd August, 2023 is hereby recalled. Accordingly 
Misc Appeal Diary No. 350 of 2023 is restored to its original 
file and number. 
List on 20th March, 2024 for Admission of appeal. 
 
                     (Anil Kumar Srivastava,J)
           Chairperson
Dated: 11th March, 2024
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