LAWS(CAL)-2010-4-89

AKSHAT COMERCISL PVT LTD Vs. KALPANA CHAKRABORTY

Decided On April 30, 2010
AKSHAT COMMERCIAL PVT. LTD. Appellant
V/S
KALPANA CHAKRABORTY Respondents

JUDGEMENT

(1.) This appeal is at the instance of the respondent Nos. 3 and 4 in a writ-application and is directed against an order dated 5th and 6th May, 2008 passed by a learned Single Judge of this Court by which His Lordship set aside the order dated January 11, 2008 passed by the Presiding Officer, Debts Recovery Tribunal No.1, Kolkata, in O.A./SARFAESI 70/07 rejecting an application under Section 5 of the Limitation Act filed by the writ petitioner for condonation of delay in filing the application under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. ("SARFAESI Act").

(2.) The writ-petitioner, in the writ-application, out of which the present mandamus-appeal arises, challenged the aforesaid order passed by the Debts Recovery Tribunal.

(3.) The facts given rise to filing of the said writ-application may be summed up thus: