GUJARAT INDUSTRIAL COOPERATIVE BANK Vs. URVASHI DINESHCHANDRA DALAL

JUDGEMENT

(1.) WE have heard Mr. J.B. Dastoor, learned counsel appearing for the petitioner and Mr. K.M. Parikh, learned counsel appearing for the respondent.

(2.) BY way of the present writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 25.3.2011 passed by the Debts Recovery Appellate Tribunal, Mumbai (hereinafter referred to as Appellate Tribunal) in Miscellaneous Appeal No.284 of 2010 with M.A. No.1194 of 2010 whereby the Appellate Tribunal quashed and set aside the order dated 11.11.2010 passed by the Presiding Officer, Debts Recovery Tribunal No.II, Ahmedabad (hereinafter referred to as Tribunal) by which the Tribunal rejected the application of the respondent for condonation of delay. By the said order, the Appellate Tribunal hold that there was no delay in preferring appeal before the Debts Recovery Tribunal.

(3.) THE brief facts arising out of the case are as under: -