P K Babu v. Dream Bikes

Fair order

02.11.2023 MA No.214/2023 in OA 574/2019

This petition is filed praying to condone the delay of 39 days in filing the petition to set aside exparte order dated 25.05.2023.

1. The counsel appearing for the petitioner submitted that the petitioner who is the 3^rd defendant in OA 574/2019 was set exparte and that final order was passed on 25.05.2023 and that this petition ought to have been filed within the period of 30 days from the date of order but this petition was filed after a delay of 39 days and that since he received the copy of the final order on 03.07.2023 and that his counsel failed to entrust the case in time due to the ill health of the petitioner.

1. The counsel appearing for the 1^st respondent bank submitted that there is a delay of 78 days in filing this petition and that the delay calculated as 39 days is not correct and that the final order was passed on 25.05.2023 and that the petitioner had sufficient time and opportunity to file the petition in time and that there are no valid legal grounds in the petition to condone the delay.

1. The averments of the petitioner and averments of counter affidavit of the 1^st respondent and material records were perused.

1. As rightly pointed out by the counsel for the 1^st respondent, the delay has to be calculated from the date of passing of final order that is to say 25.05.2023 and not from the date of receipt of copy of final order on 03.07.2023. In any event, this Tribunal is of the considered view that the issue as to whether there are valid and sufficient grounds to set aside the