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Judgment
I.A. No.334/2025 (application for condonation of delay filed by appellants)
Instant application is filed for condonation of 47 days in filing the present appeal due to the serious illness of the appellant no.1. The medical documents in support of the application have been annexed with the application. After considering all facts, the delay of 47 days in filing the present appeal is condoned. The application is allowed accordingly.
Appeal No.98/2025
Respondent no.1 filed Original Application (O.A.) which at present is bearing T.A. no.1551/2023 titled as Bank of India V. J. R. International & others in which appellants were impleaded as defendants 3 and 4. The appellants being defendants no.3 and 4 before DRT have filed written statement within time. DRT-II, Delhi gave several opportunities to the appellants to file affidavit along with documents to prove its case in accordance with law which the appellants failed to do. DRT-II, Delhi vide order dated 23.03.2016 granted last opportunity to the appellants to file their evidence and ordered that in case of failure on the part of the appellants to file the evidence by the next date, their right to file evidence would stand closed automatically. The appellants thereafter filed I.A. bearing no.1204/2025 before DRT-I, Delhi for recalling the order dated 23.03.2016 and for seeking condonation of delay in filing the evidence by way of affidavit, which was ordered to be dismissed vide the impugned order dated 12.02.2025.
Sh. Amit Dhall, Advocate for the appellants stated and argued that in the interest of justice the appellants being the defendants 3 and 4 be given another opportunity to prove its case through affidavit in evidence which has already been filed along with documents.
It is apparent that the appellants did not file evidence despite several opportunities and evidence by way of affidavit along with documents was filed belatedly. However, in the interest of justice, the evidence filed by the appellants by way of affidavit along with documents is ordered to be taken on record and the appellants are given opportunity to exhibit the documents on the next date fixed before the DRT, subject to costs for Rs.10,000/- to be deposited with DRAT Bar Association, Delhi in Account No.15530110132692 (IFSC: UCBA0001553) within 7 days from today. The receipt be produced before DRT on the next date of hearing.
Appeal stands disposed of.