Shri Shiv Kumar Goel & Ors. vs Central Bank of India

Ms. Reena Jain, Advocate appearing on behalf of the appellants stated that the appellants have not given any instruction to her since long. Accordingly, the present appeal is taken up for merit on the basis of available records.

The present application is filed for condonation of delay of 108 days in filing the present appeal due to the reasons as stated in the application. After considering all facts, the delay of 108 days in filing the present appeal stands condoned. The application is accordingly allowed.

The respondents filed O.A. now bearing T.A. No.23/2022 titled as Central Bank of India V. Shiv Kumar Goel & others. The appellants are stated to be the defendants no.1 & 2 in the original application. The original T.A. bearing No.23/2022 was stated to be pending before DRT-III, Delhi. The appellants were ordered to be ex parte vide order dated 17.11.2022.

The appellant filed an application bearing I.A. No.339/2023 to set aside the ex-parte order dated 17.11.2022 and to file the Written Statement. It was contended on behalf of the appellants that the O.A. was listed before DRT-II, Delhi on 14.10.2022 but it was stated to have been transferred to DRT-III, Delhi with new number bearing T.A. No.23/2022. The appellants were not having any knowledge of the transfer of the O.A. from DRT-II, Delhi to DRT-III, Delhi. The appellants were in the touch with the respondents for final settlement. The non-appearance by the appellant being the defendants on 17.11.2022 was neither intentional nor deliberate. It was prayed that the ex parte order dated 17.11.2022 be set aside. The respective counsels for respondents have defended the impugned order dated 09.10.2023 and in particular para no.2.3 of the said order. The perusal of impugned order dated 09.10.2023 reflects that DRT-III, Delhi has observed that after transfer of O.A. from DRT-II, Delhi to DRT-III, Delhi, it was listed on various dates as mentioned in para no.2.3 but the appellants have not appeared. DRT-III, Delhi did not find any cognate reason to set aside order dated 17.11.2022. The perusal of impugned order dated 09.10.2023 reflects that DRT-III, Delhi has considered all the relevant facts while passing the impugned order dated 09.10.2023.

There is no illegality or infirmity in the impugned order passed by DRT-III, Delhi which warrants any interference by this Tribunal. Accordingly, the present appeal is dismissed being devoid of any merit.