191090006402022_e15fc063bdbb788a0d18d9509b4f4eec.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                        Diary No. 640 of 2022
         (Arising out of S.A. 274 of 2018 in DRT-II, Kolkata) 
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
04.08.2023
Swadesh Ranjan Das    
         …   Appellant
              -Vs-  
Bangiya Gramin Vikas Bank     
      …  Respondent
Mr. 
Radhey 
Shyam 
Tiwary, 
Learned Counsel for Appellant
Mr. Debasish Mukherjee, Learned 
Counsel for Respondent
THE APPELLATE TRIBUNAL :
 
 I.A. 428 of 2022 
Application, under Section 5 of the Limitation Act, for 
condonation of delay in filing the appeal. 
Impugned order was passed on 6th June, 2022 while appeal was 
filed on 18th November, 2022. Certified copy of the impugned order 
was applied on 21st November, 2022 which was prepared on 24th 
November, 2022. 
As  far as ground for condonation of delay is concerned, it stated 
that the Appellant received copy of the judgment on 10th July, 2022 
thereafter he got ill and could not contact his Counsel.  He contacted 
his Counsel who gave time on 2nd September, 2022 for handing over 
papers and documents.  
Thereafter the Learned Counsel due to 
pressure of work prepared the appeal and filed the same on 18th
November, 2022.
No doubt it is settled that the application under Section 5 of the 
Limitation Act could not be dismissed on technical ground rather an 
opportunity should be provided to the litigant to contest the matter on 
merits. But at the same time such opportunity does not mean that a 
litigant, who is not vigilant about his rights, should not be given a long 

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rope to contest the matter at his own sweet will. He has to follow the 
law.  He has to provide sufficient cause for the delay in filing the 
appeal.  Merely making vague allegations to cover up time is not 
sufficient to condone the delay. 
In the present case a very vague ground is taken that the 
Appellant received copy of the order on 10th July, 2022 thereafter he 
contacted his Counsel on 11th August, 2022, who was busy lawyer and
filed the appeal on 18th November, 2022.  No sufficient cause could be 
shown by the Appellant which can be a good ground for condonation of 
delay. 
I am of the view the Appellant failed to make out any ground for 
the condonation of delay. Accordingly, I.A. 428 of 2022, under Section 
5 of the Limitation Act, is dismissed.
Accordingly, the appeal, being Diary No. 640 of 2022, is also
dismissed, being time barred.
Copy of the order be supplied to Appellant and the Respondents 
and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order  dictated, signed, dated and pronounced in open Court.
                  
           (Anil Kumar Srivastava,J)
                             Chairperson 
Dated  04th August, 2023
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