AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
This Appeal is filed against the order passed by Learned Presiding Officer, DRT-I, Chennai in IA 83/2025 in TA 138/2022.
The aforesaid Application was filed to set aside ex parte order passed against the Appellant/Defendant No.3 on 03.08.2023.
This Tribunal, after hearing Learned Counsel for the parties, on 17.02.2026 passed the following the orders
“It is seen from the records and the submission of Learned Counsel appearing for the parties that the Appellant was set ex parte way back on 03.08.2023. The Application for setting aside ex parte order was filed without an Application to condone delay with huge delay of 800 and odd days. Considering that the Application for setting aside ex parte order was filed without filing an Application to condone delay and giving reasons for such delay, and also of the fact that there is no further progress made after the Appellant was set ex parte and still the TA is in the stage of marking of documents, this Tribunal, with a view to give an opportunity to participate in the TA proceedings by filing Written Statement and examination of witness, allows this Application on payment of costs of Rs.10,000/- to the DRT/DRAT Bar Association, Chennai, within a period of two weeks from today i.e. on or before 03.03.2026.”
The costs paid. Accordingly, the Appeal in MA 67/2025 is allowed. Consequently, IA 83/2025 in TA 138/2022 is allowed. Learned Presiding Officer, DRT-I, Chennai is directed to afford an opportunity to the Appellant to participate in the TA proceedings, take on record the Written Statement already filed by Appellant, and dispose of the TA, on merits and in accordance with law, as expeditiously as possible. Both parties shall bear their own costs. All pending IAs, if any, stand closed.