Messers Victory Industrial Hydraulics v. Dbs Bank

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

IA 30/2023 in A.IR:487/2022

M/S Victory Industrial Hydraulics &Ors V/S Dbs Bank Ltd

07/09/2023

This application is filed to condone delay of 251 days in filing the Appeal against order dated 22.3.2022 passed in IA 670/2022 in SA 186/2022 by DRT, Coimbatore.

Heard both sides. R1 & R2 are already given up.

Advocate for petitioners /appellants submitted that reasons for delay are explained in paragraph 12 of the affidavit filed in support of the petition. Referring to the averments of the affidavit, it is submitted that dependent is suffering with various incurable diseases and taking medical treatment continuously and relevant medical certificate is filed. It is further submitted that copy application was made on 12.10.2022 and certified copy of the order was made ready on 14.10.2022 and that petitioner came to know through one of his friends and filed this Appeal, therefore, delay may be condoned.

On the other hand, Advocate for R3 bank submitted that there is no proper explanation for condoning the delay of 251 days and as per law, petitioners/appellants have to explain each day’s delay with convincing reason. It is submitted that medical certificate referred to by advocate for petitioners /appellants is of the year 2013 and impugned order is dated 22.3.2022 and no document is filed showing the present health condition of the deponent. It is further submitted that as delay is not properly explained, application is liable to be dismissed.