Debts Recovery Tribunals and Appellate Tribunals
Supreme Panvel Indapur Tollways Pvt. Ltd. vs India Infrastructure Finance Company Limited on 9 October 2026
DEBTS IIE(]()\'EIIY APPEI,I, TT TRIBTI\4I,. DEI,HI
visc. AnDerl No.252/202:l
,,\rising out ofOA \o.51/2021 (DRT-lll.Delhi)
Suprcne Plrvel IDdapur Tollwrys Private Limited ard othcrs Indi, Infrrstruclue Finance CoDprry Limited 09.10.2026 Hon hh l)r..lustice Sudhir- Kumar J.in Sh. Pallav Saxena, Advocate along with Sh. Sarthak Pathalq Advocate for appellant This matler is laken up throush Hybrid hedins.
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1. The respondent no.l filed O.A. be.aring no.5l/2023 iitled as Indii Infr$tructure Finsnce Comp.ry Limited V Supreme Prnvel Indsprr TollwaF Priv.te Linited which is stated to be pendirg beforc DRT-III, Delhi. The appellant being lhe delendants filed applic.tion bearing LA. No.325l2024 for condoning the delay in filing the Writt€n Statement which was order€d to b€ dismissed vide inpugn€d ord€r dared 09.07.2024. It is reflectins that th€ appellants being lhe defendants were suppli€d with tle complet€ set of O.A. on 15.02.2024 through +mail end the period of limitation of thirty days to file the Written Statement was €xpired on 16.03.2024. However, the Written Statement was filed on 19.03-2024 i.e. after the delay of two days. DRT-III, Delhi in the impugned ord€r oh€rv€d lh6t DRT-III, D€lhi do€s not heve any power io consider ihe Written Statement filed after the expiry of limilation period.
2. Section I9(5Xi) of.he RDB Act, 1993 states thar the d€fendanr shall within a period of thirty days liom the date of seflice of summons which can be ext€nded for ftrther pedod but not exceeding fifteen days. It is appearing that the W tt€n Slatemenr l{as filed within the siipulated period of45 days but two days .bove th€ periodof30 dsys.
3. Afrer comidering all fact!, tlle d€lay of 2 days in filing the Written Sbtem€nt above 30 days is oondoned and the impugned order dated 09.07.2024is set aside. None has appeared on behalfofthe respondenr.
4. The counsel for the appellant siated that he has fil€d affidavit ofservice afecred on the respondent. Sh. Pallav Sdena, Advocate for the appellant stated that Wrinen Statement has already been filen. Accordingly, DRT-III, Delhi is direted 10 take on record the Wdtten Statement filed by lhe appella .
5. The concemed parti€s are dir€cted lo app€ar befor€ DRT-III, Delhi'on
06. i L2026, the dare alreddy fixed. ---------'i. tt,:-'------ (Dr. Justice Sudhir Kumar Jrin) Chairpersor \S