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Judgment
I.A. No.1048/2023 (application for condonation of delay filed by appellant)
There is a delay of 157 days in filing the present appeal due to the reasons as mentioned in the application. After considering all facts, the delay of 157 days in filing the present appeal is condoned. The application is accordingly allowed.
Appeal No.301/2023
The appellant filed O.A. bearing no.85/2018 titled as Canara Bank V. Gujarat Construction Iron Store & another which was ordered to be dismissed vide impugned order dated 01.02.2023 by DRT, Jaipur after observing that "debt" was not found proved and the bank officials along with unknown borrowers were part of criminal conspiracy.
Sh. Hitesh Sachar, Advocate for the appellant stated that the impugned order dated 01.02.2023 was not passed on merit on the basis of documents submitted by the appellant during the course of trial of O.A. no.85/2018.
Sh. Swetab Kumar Shastri, Advocate for the respondents defended the impugned order and argued that the appellant has failed to place on record necessary and requisite documents to substantiate and prove the debt in accordance with law.
The perusal of the impugned order reflects that DRT, Jaipur vide the impugned judgment dated 01.02.2023 came to the conclusion that no “debt” was proved but there is no discussion regarding admissibility of documents filed by the appellant bank. DRT also observed that bank officials along with unknown borrowers were part of criminal conspiracy besides referring other allegations but these observations should not have any effect on the final adjudication of the O.A. bearing no.85/2018. After considering all facts, the impugned order dated 01.02.2023 is set aside with a direction to DRT, Jaipur to pass a reasoned order on the basis of available record/documents on record of O.A. bearing no.85/2018.
The parties are directed to appear before DRT, Jaipur on 17.08.2026.