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Judgment
Ashok Menon, Chairperson
The Appellant bank is an appeal impugning the order of the Debts Recovery Tribunal.-III, Mumbai (D.R.T) in M.A. No. 128/2009 dated 05/11/2014. There was a delay in applying for a certified copy of the order and the total delay pointed out by the office is 59 days.
The Appellant has in the application for condonation of delay pleaded that there was some delay in the official communications to the counsel and hence, the delay in filing the appeal.
The Respondent appeared and opposed the application but did not file any reply to the application for condonation of delay. The Ld. Counsel appearing for the Respondent pointed out that there was total laches on the part of the Appellant in conducting the matter, resulting in the delay which is not sufficient u/s 5 of the Limitation Act to be condoned.
After having heard both sides and anxiously considering the reasons submitted for the delay, I find that the delay can be condoned but the Appellant would have to put the cost and therefore the application for condonation of delay is allowed on the payment of cost ₹ 2500/- to the D.R.T., Bar Association within a period of two weeks for purchase of books and periodicals.
Post on 06.02.2023 before the Registrar for reporting compliance.