Punjab & Sind Bank vs Delhi Automobiles Ltd. & Ors.

This application is filed by the appellant seeking condonation of delay of 6 days in filing the Misc. Appeal.

Sh. Sanjeev Bhandari, Counsel for appellant stated that there was procedural delay of 6 days in filing the present Misc. Appeal and prayer for condoning the delay.

After considering all the facts, particularly the reasons stated in the application, the delay of 6 days in filing the present Misc. Appeal is condoned.

Application stands disposed of.

Heard the Counsels for the parties.

The instant appeal is filed to challenge the impugned order dated 25.08.2025 whereby I.A. No. 1918/2025 filed by the appellant was ordered to be dismissed. I.A. No. 1918/2025 was filed on behalf of the appellant for seeking direction to file documents as detailed in paras 19 & 20 of the appeal paper book.

Sh. Sanjeev Bhandari, Counsel argued that these documents are essential for the just disposal of the dispute between the parties and these documents are official documents as such there genuineness is not disputed. Sh. Sanjeev Bhandari prayed for impugned order be set aside and appellant be permitted to place the documents as detailed in paras 19 & 20 of the appeal paper book. Sh. Sanjeev Bhandari, Advocate stated that all the documents as detailed in para 19 & 20 have also been placed on record of DRT-II, Delhi in O.A. No.88/2004.

Ms. Sonal Sarda, Advocate for respondent no.5/defendant no.5 argued that the case is at advanced stage of the arguments and the appellant is seeking permission to file documents at very belated stage of the proceedings and these documents were in the possession to the appellant since 2000. Ms. Sonal Sarda, Advocate also argued that these documents are not relevant and not pertaining to the subject matter of the DRT. The counsel for respondent no.5 further stated that if the appellant is allowed to place these documents on record then respondent no.5/defendant no.5 be given a liberty to cross-examine the concerned witness.

Perusal of the impugned order dated 25.08.2025 observed that the documents sought to be produced on record by the appellant were pertaining to the suit pending before the DRT-II, Delhi in O.A. No. 88/2004 which was filed with regard to the other account of respondent no.5/defendant no.5. The DRT also observed that Hon'ble Delhi High Court has also directed to decide the OA within time bound manner which has already been expired.

It is accepted legal preposition that the dispute between the parties to be decided on the basis of best available evidence and if appellant is allowed to file documents then no prejudice shall be caused to the respondent no.5/defendant no.5 which cannot be compensated in terms of money. After considering relevant facts the present Misc. Appeal is allowed. The appellant is permitted to place on record documents as detailed in para 19 & 20 of the paper book of the present appeal and the DRT-II, Delhi is directed to take these documents on record of O.A. No. 88/2004. The respondent no.5/defendant no.5 shall be at liberty to cross-examine the concerned witness on the date so fixed by the DRT-II, Delhi. The impugned order dated 25.08.2025 is accordingly set aside.

As requested, Sh. Sanjeev Bhandari is also directed to file requisite affidavit in support of these documents within two weeks from today. The cost of Rs.25,000/- is also imposed on the appellant which shall be paid to the respondent no.5/defendant no.5 before the next date of hearing before DRT-II, Delhi.

DRT-II, Delhi is also requested to decide the matter finally expeditiously as early as possible. The concerned parties are directed to appear before DRT-II, Delhi on the next date of hearing i.e. 08.05.2026.

Accordingly, the appeal along with all the pending applications stands disposed of. Copy of this order be sent to the concerned DRT for compliance.