Dismissed
C R Narasimhan And Another v. State Bank Of India
DRATREGULAR APPEAL/181/2017
What the court decided
AI extract
Outcome
Dismissed
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 638/2021
In
R.A:181/2017
C.R.Narasimhan & Anr V/S Sbi
07/03/2023
This application is filed seeking condonation of delay of 31 days in filing restoration application.
Advocate for petitioners/appellants submitted that reason for delay is explained in paragraph 7 of the affidavit filed in support of the petition. As seen from paragraph 7, reason assigned is that advocate wrongly noted the hearing date as 24.10.2021 instead of 24.9.2021. This application is filed on 24.11.2021 and no explanation is offered for waiting till 24.11.2021 though petitioners/appellants came to know about dismissal on 24.10.2021 itself. As per the Statute, every day’s delay has to be explained with cogent and convincing reasons. Here petitioners/appellants, leave alone cogent and convincing reasons, have not even assigned any reason for the delay.
Advocate for respondent bank submitted that it is not the first time that matter was dismissed for default and this is the second dismissal and earlier it was dismissed on 13.5.2019 and in spite of that no interest is evinced by petitioners/appellants to prosecute the matter.
Considering submissions of both sides and on a perusal of affidavit filed in support of the petition, I am of the considered view that petitioners/appellants failed in explaining delay of 31 days with cogent and convincing reasons. Therefore, application i.e., IA 638/2021 (Delay in Restoration) is dismissed. No costs.
Sd/Chairperson
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court