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Judgment
The present appeal is filed under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 to impugn the order dated 13.11.2025, whereby the application bearing I.A. No.4147/2025 for condoning the delay in filing the written statement was dismissed. The relevant portion of the order dated 13.11.2025 is re-produced as under:-
6.From the perusal of the file it is clear that defendant no.1 has filed the IA for condonation of delay in filing the written statement on the same grounds. On perusal of record it is clear that the defendant no.1 has received the OA paper book on 19.11.2019 and time of 30 days to file WS expired on 19.12.2019. The defendant no.1 has filed their written statement on 23.05.2023 along with condonation of delay application requesting for condoning of delay of 1200 days in filing the WS. According to the provisions of the RDB Act, defendant no.1 is required to file the WS within 30 days, with a provision for an addition 15 days in exceptional circumstances. Consequently, this Tribunal has no jurisdiction to extend the time for filing the WS beyond 45 days. In light of these circumstances, WS cannot be accepted and is liable to be dismissed.
7.Application for condonation of delay is dismissed. The WS filed by the defendant no.1 shall not be taken on record.
The counsel for the appellant stated that the Written Statement could not be filed due to the negligence of the previous counsel. The counsel for the appellant also referred to para no 4 and 5 of the memorandum of appeal in this regard. The counsel for the appellant was specifically asked as to whether any proceedings were initiated against the previous counsel, she replied in negative.
After considering all the facts, I do not find any infirmity or illegality in the impugned order warranting interference from this Tribunal. The Appeal is, therefore, dismissed.
File be consigned to record room.