NETHERLAND INDIA COMMUNICATION ENTERPRISES LTD & ANR. vs STATE BANK OF INDIA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.07.2025 Judgment pronounced on: 07.08.2025 + W.P.(C) 10443/2025 & C.M. APPL. No. 43365/2025 (for stay) NETHERLAND INDIA COMMUNICATION ENTERPRISES LTD & ANR. .....Petitioners Through: Mr. Debashish Moitra, Ms. Shailendra Ojha, Mr. Jaidev Sharma, Advs. versus STATE BANK OF INDIA & ANR. .....Respondents Through: Mr. Sushil D. Salwan, Sr. Adv. with Ms. Shagun Bhargava, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Writ Petition is filed impugning Order dated 16.05.20251 passed by the learned Debt Recovery Appellate Tribunal-I, Delhi2, whereby the application seeking condonation of delay in filing the Appeal, against the judgment dated 09.03.2010 passed by learned Debt Recovery Tribunal-I, Delhi3, before it was rejected, which led to the Appeal to be dismissed on the ground of being time-barred. The said Appeal was filed on 27.10.2023, being Appeal No.360 of 2023 arising out of O.A. No.13 of 2007, along with application being I.A. No.875 of 2023 seeking condonation of delay 1 Impugned Order 2 DRAT 3 DRT Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA W.P. (C) NO. 10443/2025 Page 1 of 16 Signing Date:08.08.2025 18:53:23 of more than 13 years in filing the said Appeal. 2. Being a trivial controversy here, an elaborate exposition of the factual matrix involved would not be required. The issue in brief is whether or not an Appeal which has been admittedly filed more than 13 years after passing of the Impugned Order therein could have been entertained by the learned DRAT as against the expressed stipulation of statute meaning thereby Section 20 of the Recovery of Debts and Bankrup