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Judgment
Ashok Menon, Chairperson
This Appeal filed on Lodging No. 262/2017 challenges the order of D.R.T. III, Mumbai allowing S.A. No. 309/2012 on 31. 08.2016. The Respondent Bank is aggrieved by that order, and hence in Appeal.
The Registrar, vide order dated 16.07.2019 declined the registration of the said Appeal on Lodging No. 262/2017 for not rectifying the defects noticed by the office.
The Appellant filed Chamber Appeal i.e. M.A. on Diary No. 21/2021 on 31.12.2019 for restoration of the Appeal with an application i.e. I.A. No. 5/2021 for condonation of delay of 53 days in filing Chamber Appeal.
On 05.04.2022 Respondent No.1 appeared in person and was directed to file a reply, if any, on this application for condonation of delay. Today, the learned counsel appearing for Respondent submits that no reply has been filed yet and seeks further time for filing a reply. It is seen that the last hearing was on 29.06.2022 and Respondent No.1 has got sufficient time till today for filing a reply on the application for condonation of delay.
In view of the above, the request of the Advocate for Respondent No.1 for further time for filing a reply cannot be granted.
Heard learned counsel for the Appellant on the application for condonation of delay. The reasons for the delay are explained in the application and the accompanying affidavit and I am convinced about the reasons mentioned therein. But in view of the facts, there is a delay of 53 days and it can only be allowed on payment of costs.
Hence, I.A. No. 05/2021 i.e. application for condonation of delay in filing restoration application is allowed on of payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to The DRT Bar Association, Mumbai, towards the purchase of books and periodicals within the period of two weeks.
Post on 14.10.2022 before Registrar for compliance.