Anil Pal and Anr. v. Jammu and Kashmir Bank Limited and 4 Ors.

Appeal Dy. No. 105/2019 Date: 01.12.2022

Anil Pal and Anr. Vs. Jammu and Kashmir Bank Limited and others

Present: Shri Ashok Pandey, counsel for the appellant, Shri Shubham Agarwal, counsel for the respondent-Bank,

Learned counsel for the appellant submits that the ex-parte impugned order, which was dispatched by the Tribunal below on 20.02.2019, as is apparent from the page no.53 to 60 of the memo of appeal. The learned counsel further submits that initially the S.A. was filed by the appellant before the DRT, Lucknow, which was subsequently transferred to the DRT, Dehradun. The learned counsel also submits that on account of Kumbh Mela in Allahabad, it was difficult for the appellant to travel to Allahabad without reservation for filing appeal or seek advice of the advocate and after a lot of efforts, the appellant came to Allahabad and contacted his counsel on 09.03.2019. The appellant was advised by his counsel to collect the copy of SARFAESI application from his counsel at Lucknow and certificated copy of the impugned order from the DRT, Dehradun. After collection of all the documents, the appellant came back to Allahabad on 24.03.2019 and handed over all the papers to his counsel for preparation of appeal. Ultimately, the present appeal could be filed on 11.04.2019 along with application for condonation of delay. It is therefore, prayed that the appeal may be treated to be filed within time.

Learned counsel for the respondent Bank submits that the impugned order has not been passed ex-parte, as the arguments of the appellants were heard by the Tribunal below and in support of his contention, the leaned counsel has refereed to para 8 of the impugned order, which is at page no. 56 of the memo of appeal, which mentions the same. The

learned counsel further submits that the appellant had applied for obtaining the certified copy of the order impugned on 01.12.2018 and the copy was prepared on 05.12.2018, but the same was received by the appellant on 20.02.219, which is evident from the seal of the Tribunal below affixed on the last page of the order impugned itself and the present appeal has been filed by the appellant on 11.04.2019. Since the day to day delay has not been explained by the appellant, therefore, the application for condonation of delay may be rejected.