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Judgment
None has appeared on behalf of respondents when the case is called at (3.50\mathrm{pm}) despite service.
The respondents filed O.A. bearing No.191/2023 titled as State Bank of India V. M/S Avon Elements Private Limited which is stated to be pending before DRT-II, Delhi.
DRT-II, Delhi vide order dated 01.04.2026 has closed the right of the appellants/defendants to file written statement while observing that it was not filed within stipulated time. The order dated 01.04.2026 reads as under:
The Ld. Counsel for applicant bank submitted that the copy of the OA paper book has been served to the defendants twice. Firstly, on 03.09.2024 and thereafter in compliance of the order dated 15.09.2025 through mail on 30.09.2025. However, Ld. Counsel for defendants submitted that he has not received the copy of the same so far. Ld. Counsel for applicant bank submitted that defendants are adopting delaying tactics in the matter.
From perusal of the record it is clear that the applicant bank has shown the proof of service for supplying the OA paper book alongwith annexures to the defendants on 03.09.2024 and 30.09.2025. But the defendants have not filed the written statement till date. Therefore, there is no sufficient ground to supply the OA paper book to the defendants and therefore, the right to file written statement on behalf of the defendants are hereby closed.
List the matter on 08.06.2026 before Registrar for completion of pleadings
Sh. Ravi Data, Advocate for the appellants argued that the defendants/appellants were not duly served with the notice of O.A. bearing No.191/2023 in accordance with law. DRT-II, Delhi in the impugned order dated 01.04.2026 has not considered the proof of service upon the appellants in accordance with law.
After considering all facts, the impugned order dated 01.04.2026 is set aside with a direction to DRT-II, Delhi to reconsider the issue regarding the service of O.A. paper book to the appellants being the defendants in accordance with law and after giving an opportunity of being heard to the contesting parties.
Accordingly, the present appeal is disposed of along with pending applications, if any.