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Judgment
The appellant filed O.A. bearing No.1081/2021 titled as Kotak Mahindra Bank Limited V. Jatinder Singh and others which was ordered to be dismissed vide impugned order dated 14.03.2024 being timebarred.
The perusal of order dated 29.02.2024 passed in O.A. bearing No.1081/2021 reflects that the O.A. was re-filed after a delay of 84 days after removal of defects and an application bearing I.A. No.399/2020 for condonation of delay was also filed. I.A. No.399/2021 was allowed subject to the cost of Rs.20,000/- which was imposed vide order dated 29.02.2024 passed by DRT-III, Chandigarh.
The perusal of impugned order reflects that Sh. Vinod Kumar Kaushik, Advocate who appeared on behalf of the appellant before DRT-III, Chandigarh on 14.03.2024 expresses his inability to deposit the cost of Rs.20,000/- imposed by the order dated 29.02.2024 and thereafter, the application bearing I.A. No.399/2021 was ordered to be dismissed and the original application was also dismissed being time barred.
It is reflecting from the order dated 29.02.2024 that the delay of 84 days in filing the appeal was caused due to the conditions caused by COVID-19. After considering all facts, the cost of Rs.20,000/- imposed vide order dated 29.02.2024 on the appellant stands waived and order dated 29.02.2024 whereby I.A. No.399/2021 was allowed and the appeal was revived.
Accordingly, the original application bearing No.1081/2021 is restored to its original number for disposal in accordance with law. The appeal is decided accordingly.
The parties are directed to appear before DRT-III, Chandigarh on 19.08.2026 for further direction.