Sheeba Dileep vs South Indian Bank Ltd

S. Ravi Kumar, Chairperson

This Application is filed to condone delay of 21 days in preferring the Appeal against Order dated 09.06.2023 in IA 1581/2023 in SA 237/2023 of DRT-II, Ernakulam.

Heard both sides.

Advocate for Petitioner/Appellant submitted that reasons for delay are explained in para 7 of the Affidavit filed in support of Petition, which is as follows:-

“7. I submit that as I decided to approach the Hon’ble High Court of Kerala, since there are so many questions are there which is not adjudicated by the Hon’ble DRT-II, Ernakulam and moreover the Hon’ble High Court of Kerala has granted and fixed time for deciding IA No.1581 of 2023 and it has been advised to approach this Hon’ble Appellate Tribunal, Chennai to exhaust the remedy and moreover due to financial constraints, I could not approach in time and hence there arose a delay of 21 days in preferring the accompanying Appeal before this Hon’ble Appellate Tribunal. I state that unless the accompanying Appeal is urgently heard the very purpose of the accompanying Appeal will be defeated. In consequence it is humbly submitted that this Hon’be Appellate Tribunal may be pleased to condone the delay of 21 days in preferring the accompany Appeal. No prejudice will cause to the Respondents in allowing this Petition, if not great prejudice and irreparable loss and injury will cause to the Petitioner. The Balance of convenience is in favour of the Petitioner/Appellant.”

Advocate for Bank submitted that he leaves to the discretion of this Tribunal to pass Order.

A perusal of above para indicates that, Petitioner/Appellant approached Hon’ble High Court of Kerala as one for reasons for delay, and second reason is financial constraint. Affidavit is silent as to date on which Petitioner/Appellant approached Hon’ble High Court and on what date High Court decided the matter. Without giving such particulars, it is not possible to compute the delay. Second ground urged is financial constraint. Admittedly, Petitioner/Appellant is a lady. As per the provisions of the Legal Services Authorities Act, every child and woman, are entitled for free legal aid irrespective of their financial status. If really, there is a financial constraint to approach DRAT in Appeal, nothing prevented Petitioner/Appellant to approach the concerned Legal Services Authorities, for providing necessary legal aid as per the Act. Even Court Fee payable is also provided by Legal Services Authorities. So, this ground is also not acceptable for condonation of delay. Except stating these two reasons, no other reasons are stated in the Affidavit. I am not satisfied with these two reasons. Therefore, the Application IA 342/2023 is dismissed with no order as to costs. Consequently, Appeal A.IR (SA) :1105/2023 is rejected. All pending IAs, if any, stand closed.