Allowed

Mr.v.Shaji v. Punjab National Bank

DRAT26 Sept 2022REGULAR APPEAL/35/2023

Case brief

AI extract

What is this about?

This proceeding is a single-paragraph order granting condonation of a 952-day delay in filing an appeal. The court accepted the explanation that legal advice led to filing a review instead, the original advocate died, and a lockdown ensued before correction was sought.

What did the court decide?

Condonation of delay of 952 days in preferring the Appeal and direction to register the Appeal.

Mr.v.Shaji versus Punjab National Bank — Civil Procedure and Limitation | DRAT (2022)

¶1

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

¶2

IA 630/2021 In A.IR:201/2021

¶3

V.Shaji & Anr V/S Pnb & Ors

¶4

26/09/2022

¶5

This Application is filed seeking condonation of delay of 952 days in preferring the Appeal against Final Order dated 14.02.2019 in OA 191/2017 of DRT-II, Chennai.

¶6

Heard Learned Advocates of both parties.

¶7

Petitioners/Appellants contended that originally, Review Application is filed against Final Order dated 14.02.2019, and the same was entrusted to an Advocate, and that Review Application was also filed on his advice. He further submitted that when Petitioners/Appellants enquired the Advocate, who filed Review Application, they were appraised that there was no Presiding Officer, and later on, due to COVID- 19 lockdown, there was restricted functioning in DRTs. During June, 2021, Petitioners/Appellants were called by wife of previous Advocate and informed about death of previous Advocate, and then she handed over bundle to Petitioners/Appellants to make alternative arrangement, and thereafter, Petitioners/Appellants engaged present Advocate, and after verification, they were advised that they have to file an Appeal instead of Review Application, and hence, there occurred delay of 952 days in preferring the Appeal, and the same is not intentional, and is due to reasons stated in the Affidavit.

¶8

First Respondent Bank filed Counter disputing the request of Petitioners/Appellants contending that Appeal is not filed within 30 days from the date of receipt of copy of Final Order dated 14.02.2010, and they cannot take advantage of pandemic situation. Remaining counter allegations are with regard to merits of the case. Only objection taken by 1^st Respondent Bank for condonation of delay is that Appeal is not filed within 30 days from the date of receipt of copy of Final Order.

¶9

Regarding this aspect, it is admitted by Petitioners/Appellants that Appeal is not filed within time, and assigned reasons for non-filing of Appeal within 30 days. Main reason

¶10

Petitioners/Appellants assigned is that they were advised to file a Review Application when they approached one Advocate, who informed matter is not taken up as there was no Presiding Officer, but later on, wife of that Advocate informed them, that Advocate died, and handed over bundle to make alternative arrangement, and when they approached present Advocate, he advised them to file an Appeal instead of Review Application, and in the process, delay of 952 days is caused in filing the Appeal.

¶11

As the reasons stated in the Affidavit are not rebutted by opposite party, I am of the view that an opportunity be given to Petitioners/Appellants, particularly, when previous Advocate, who advised them to file Review Application and not an Appeal, and that bundle was handed over to them by wife of previous Advocate during second week of June, 2021, I am of the view that Petitioners/Appellants have shown sufficient cause for delay.

¶12

For the reasons stated above, delay of 952 days in preferring the Appeal is condoned. Consequently, Application IA 630/2021 is allowed. Office is to register the Appeal, if it is otherwise, in order.

¶13

Sd/Chairperson

Mr.v.Shaji v. Punjab National Bank

Case brief

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Mr.v.Shaji v. Punjab National Bank

Case brief

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