U C O Bank v. Miss Rachana Dubey and Anr.
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Regular Appeal No. 15/2020 Date: 21.02.2023
UCO Bank Vs. Miss Rachana Dubey & Anr.
Present : Shri S. B. Singh, counsel for the appellant, Shri Ashok Pandey, counsel for the respondent no. 1,
No one is present on behalf of the respondent no. 2, who is represented by Shri Rajeev Saran, Advocate.
Learned counsel for the appellant submits that vide order impugned, the Tribunal below has condoned the inordinate delay without there being any specific ground, which could not have been done.
Learned counsel for the respondent no. 1 submits that the application for condonation of delay was filed on the fact that the husband of the applicant had committed suicide and thereafter, the respondent no. 1 gave birth to a child, which resulted in delay, as the said situation was beyond the control of the respondent no. 1, therefore, the delay was rightly condoned by the Tribunal below to do substantial justice between the parties.
Learned counsel for the appellant prays for some time to prepare the case and in order to give an opportunity to the respondent no. 2 to appear and argue the case, who is represented through counsel Shri Rajeev Sharan, who is not present today. If the respondent no. 2 does not appear on the next date, the matter will be proceeded ex-pare against him.
List this case on 12.05.2023 for hearing.
Justice R. D. Khare
Parties & counsel
- appellant
UCO Bank
- respondent
Miss Rachana Dubey
- respondent
Respondent No. 2
Coram
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