Core Hotel Ventures Private Limited vs Bank Of Baroda & Ors.

THE APPELLATE TRIBUNAL :

Heard the Learned Counsel for the parties. O.A. No. 246 of 2019 was allowed exparte by the Learned DRT on 4th December, 2023. Thereafter, an Application for setting aside the exparte order was filed by the Appellant on 16th July, 2024 along with an Application under Section 5 of Limitation Act for condonation of delay of 7 days which was dismissed by the Learned DRT by the impugned order.

Learned Counsel for the Appellant would submit that the delay in filing the Application was not intentional. Rather, it was beyond the control of the Appellant as firstly the Counsel for the Appellant was designated as Senior Counsel by the Hon'ble High Court of Telangana and therefore, could not be contacted. Further, due to the illness of the brother of the Appellant and surgery he was out of station to Bikaner from 16.11.2023 to 10.12.2023. Learned Counsel for the Respondent Bank opposed the prayer and submit that no sufficient ground could be made out in moving the Application for setting aside the exparte order.

Having gone through the records, I found that specific plea was taken by the Appellants for condonation of delay in Para No. 4 of the Application which although opposed orally but the ground taken by the Appellant is well founded. Learned DRT should have considered the ground taken by the Appellants before dismissing the Application but Learned DRT simply dismissed the Application on the ground on entering into the merits of the Application for setting aside the order dated 04.12.2023. Application for setting aside the order dated 04.12.2023 is still to be considered by the Learned DRT.

As far as the issue of condonation of delay is concerned, there are certain grounds for condonation of delay in moving the Application. Accordingly, impugned order, as far as it relates to dismissing the Application under Section 5 of Limitation Act, 1963 for setting aside the order dated 04.12.2023 is concerned, is liable to be set aside. Accordingly, Appeal is allowed to an extent that the delay in filing the Application for setting aside the order dated 04.12.2023 is condoned and the matter is remanded back to Learned DRT to decide the pending M.A.I.R. No. 31 of 2024 on its own merits after affording an opportunity of hearing to the Appellant as well as the Respondents herein in accordance with law.

Appeal No. 58 of 2026 is dismissed with the observations made in the body of the judgment.

File be consigned to record room.

Copy of the judgement/final Order be uploaded in the Tribunal's website.

Order dictated, signed and pronounced by me in the open Court on this the 7th day of May, 2026.