The Tribunal allowed the appeal and directed that the appellants' written statement be taken on record, subject to the payment of costs to the respondent counsel.
Written statement to be taken on record subject to payment of Rs. 25,000 costs to respondent's counsel.
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DEBTS RECOVERY APPELATE TRIBUNAL, DELHI
Misc. Appeal No.178/2019 Arising out of O.A. No.196/2016 (DRT-I, Delhi)
Vikas Tyagi & Anr. Vs. UCO Bank
11.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present : Mr. Ashish Gupta, Ld. Counsel for appellants
Mr. Shikhar Kumar, Ld. Counsel for respondents
This matter has been taken up by me through Video Conferencing.
This is an appeal against the order dated 07.02.2019 passed by the learned DRT whereby the I.A. filed by the appellants to take on record their reply to the O.A. on record, recalling the order dated 23.07.2018, was dismissed.
The learned counsel for the respondent bank states that the appellants were served in the O.A. on 04.07.2017 and reply to the O.A. was filed sometime in July 2018, i.e, about one year after service of notice on the appellants. Ld. Counsel for the appellants submits that the appellants could not file the written statement in time as some pages of the of the copy of the O.A. supplied to him were not legible.
This matter has been lingering on for the last many years. This Tribunal is of the view that in the interest of justice this appeal should be allowed subject to appellants paying some cost. Accordingly, the appeal is allowed. Let the written statement filed by the appellants be taken on record. This will, however, be subject to appellants paying a cost of Rs.25,000/- to the learned counsel for the respondent bank.
The next date before the learned DRT is said to be 29.11.2022. Let the parties appear before the learned DRT on the said date for further proceedings.
Appeal stands disposed of.
File be consigned to record.
( CHAIRPERSON )
-pk
2 issues framed by the court
Whether to allow the appeal against the dismissal of the instant application to file a written statement.
Whether to impose costs on the appellants despite allowing the appeal.
Vikas Tyagi
UCO Bank
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
