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Judgment
In the present appeal the challenge is to the order dated 19.06.2026 to the extent that the I.A. bearing no.1422/2026 filed on behalf of the appellant modification of the order dated 26.05.2026 passed by the Registrar was dismissed.
It is reflecting that the respondents filed S.A. bearing no.137/2026 which is stated to be pending before DRT, Jaipur. DRT, Jaipur vide order dated 11.02.2026 has ordered for issuance of notice of the S.A., which was accepted by the appellant through Sh. Kirti Kapoor, Advocate. The order dated 20.03.2026 passed by the Registrar is reflecting that Vakalatnama on behalf of the appellant was already filed and time was sought to file reply. The order dated 26.05.2026 passed by the Registrar further reflects that the appellant had not filed reply to the S.A. and thereafter, the S.A. was ordered to be listed before the Presiding Officer, DRT, Jaipur for order on reply. DRT, Jaipur in the impugned order dated 19.06.2026 observed that the Registrar in the order dated 26.05.2026 has rightly recorded that there was no written statement as the same was not filed within 30 days. It was further observed that as no written statement was taken on record as such the S.A. can be listed for final arguments on 01.08.2026.
Sh. Aditya Mishra, Advocate appearing for the appellant stated that in fact the reply/written statement was filed on 29.04.2026 but it is not clear when the counsel for the appellant who appeared before the DRT actually received the copy of the S.A. It is further stated that from various orders passed by the DRT it is not reflecting when the copy of the S.A. was supplied to the appellant by the respondents. In this circumstance, the counsel for the appellant seeks permission to file an application for review of the order dated 19.06.2026 and to establish that the reply was filed within the period of limitation.
Accordingly, the present appeal is disposed of with liberty to the appellant to file appropriate application for review / recalling of the order dated 19.06.2026 and also to argue on the issue that the reply which is stated to be filed on 29.04.2026 was actually failed within the period of limitation.
Sh. Mishra stated that the matter is listed for final arguments on 01.08.2026 and if the S.A. is finally disposed of then the benefit granted to the appellant out of this order will become infructuous. DRT is directed not to proceed with the hearing of final arguments before the disposal of the review application, if any, being filed by the appellant in respect of the order dated 19.06.2026. The appellant is directed file appropriate application, if any, within a period of 10 days from today.
Copy of this order be furnished to the appellant and be sent to DRT, Jaipur for compliance.
