Shalu Agriculture Enterprises and Anr. v. State Bank of India

M.A. No. 09/2021 In Regular Appeal No. 179/2018 Date: 05.02.2024

Shalu Agriculture Enterprises & Anr. Vs. State Bank of India

Present: Shri Alok Rai, counsel for the applicant, Shri Jitendra Sarin, counsel for the respondent-Bank,

Heard the learned counsels for the parties on the issue of limitation.

Learned counsel for the applicant submits that the order dated 19.11.2016 passed by the Debts Recovery Tribunal, Patna was challenged by filing the present appeal, which has been dismissed by this Tribunal vide order dated 20.08.2019 for want of prosecution.

The learned counsel for the applicant further submits that when the applicant came to know about the order of dismissal of the present appeal, he was already suffering from hepatitis-C and other ailments and as per advice of his Doctor namely S. Nishat Ahmad, he remained on bed rest from 03.07.2019 to 08.09.2020. The copy of the medical certificate has been appended as annexure no. 1 to the delay condonation application.

The learned counsel for the applicant also submits that as the applicant had lost the contact number and office address of his counsel, therefore, he could not contact his counsel and thereafter, due to lockdown of entire country on account of pandemic of Covid-19, nothing could be done. The learned counsel further submits that when the appellant reached the office of DRAT, Allahabad on 17.12.2020 and got the contact number of his counsel, then he met with his counsel on the same day and thereafter, the present restoration application was filed, hence it cannot be said that the delay occurred in filing the present application is deliberate or intentional