M/S Ramjanki Vastram Pvt. Ltd. and 3 Others v. Allahabad Bank and Anr.

Appeal Dy. No. 65/2019 Date: 12.04.2022

M/s Ramjanki Vastram Pvt. Ltd. & Ors. Vs. Allahabad Bank & Ors.

Present: Shri Ashok Pandey, counsel for the appellants, Shri A. K. Srivastava, counsel for the respondent-Bank, None for the respondents,

The office report dated 11.04.2022 shows that the respondent has filed reply to the memo of the appeal as well as the application for condonation of delay, but no rejoinder to the said reply has been filed till date.

Heard the learned counsels for the parties on the application for condonation of delay.

It is argued that against the order dated 03.10.2018 of the DRT, Lucknow, by which the S.A. was rejected, a review application no. 11/2018 was filed, which was rejected on 07.01.2019. It is further contended that the appellant was seriously ill and was suffering from Hepatitis-B since 03.01.2019 till 08.03.2019. Thereafter, he has immediately filed the present appeal and as such the delay in filing the appeal has occurred, which may be condoned. In support of the said contention, the copy of the medical prescription is filed as annexure no. 1 to this application.

Learned counsel for the respondent-Bank opposes to the delay condonation application and states that the main ground for condoning the delay is that the appellant was pursuing his review application before the Tribunal below.

After hearing the learned counsels for the parties and in the interest of justice, the matter is required to be decided on merits. Hence, the application for condonation of delay is allowed and the delay occurred in filing the present appeal is condoned.