The Tribunal dismissed a petition seeking to condone a 995-day delay in setting aside an ex-parte decree. The court found the petitioners' reasons unconvincing and noted a failure to appear or file statements after initial service of summons.
The petition to condone delay and set aside the ex-parte final order is dismissed.
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Fair Order
IN THE DEBTS RECOVERY TRIBUNAL - 1 AT ERNAKULAM
DATED THIS 28th DAY OF MARCH, 2023
PRESENT: Su. WILLYAHM, B.Sc., M.L.
[DISTRICT JUDGE - Retd] PRESIDING OFFICER
MA No.189/2022 in
OA No.139/2018
Between
--- Petitioners/Defendants
And
The Federal Bank Ltd. Sulthan Bathery Branch Wayanad District – 673 592
--- Respondent/Applicant Bank
This petition coming on 14.02.2023 for hearing before me in the presence of Ms. Gayathri Krishnan, Advocate for the Petitioners/Defendants and Mr. Madhusoodanan K., Advocate for the Respondent/Applicant Bank and upon hearing arguments of learned counsels for the parties, this Tribunal delivered the following:
MA No. 189/2022 in OA 139/2018
ORDER
Page 2 of 3
MA No. 189/2022 in OA 139/2018
of 995 days has not been properly and satisfactorily mentioned. The petitioners have also not averred in their affidavit as to whether they have got fair chance to succeed in their case if ex-parte final order is set aside. In any event, since the delay of 995 days has not been properly and satisfactorily explained by the petitioners, this Tribunal does not find any valid reasons and grounds to condone the delay of 995 days in filing the petition in ID No.3689/2022 to set aside ex-parte final order dated 22.06.2019.
In the result, the petition MA No. 189/2022 stands dismissed.
Dictated to Steno, taken down, transcribed, typed by her, corrected and pronounced by me in the Open Court, this the 28th March, 2023.
[Su. WILLYAHM] PRESIDING OFFICER
Page 3 of 3
2 issues framed by the court
Whether to condone a delay of 995 days in filing a petition to set aside an ex-parte decree.
Whether the petitioners provide a satisfactory explanation for the delay in seeking relief from the ex-parte order.
V. N. Vanitha Mani
Divya Suneesh
The Federal Bank Ltd.
Su. WILLYAHM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
