Ramesh Kumar and Ors vs PUNJAB AND SIND BANK on 23 February 2021

SS

Court of the Presiding Officer Debts Recovery Tribunal-II, Chandigarh Case M.A. No. 28 of 2020 (I.No. 6) Ramesh Kumar and Ors. Vs Punjab and Sind Bank 23.02.2021 Present – Sh. Satish Jaswal, Counsel for Applicant This M.A. is filed by the Applicant Ramesh Chand S/o Sh. Chandi Ram with a prayer that the ex parte Order dt. 05.03.2019 passed in O.A. No. 1801/2018 be set aside and quashed. In O.A. No. 1801/2018 the present Applicant is Defendant No. 1 and there are two other Defendants, who have not filed any such M.A. before this Tribunal. As argued by the Ld. counsel for Applicant that the Applicant was under judicial custody on account of FIR No. 277 dt. 11.01.2016 during the period from 02.11.2018 till 11.01.2019 and was released on 11.01.2019, so the Notices/Summons issued by this Tribunal were not served upon him and further submitted that the Applicant went into depression and could not file an appropriate application and so it is argued that the delay in filing of this M.A. be condoned. Heard arguments and perused the application U/s 5 of the Limitation Act. It is an admitted fact that the Applicant was in judicial custody till 11.01.2019 but the ex parte order was passed on 18.03.2019 by my Ld. Predecessor and there are two other Defendants, out of which Defendant No. 2 is wife of Defendant No. 1 and only on the ground that the Applicant SS was in judicial custody, the prayer to condone the delay of 327 days in filing this M.A. is not liable to be allowed. It is clear that the present Applicant intentionally has not filed any M.A. with a prayer to set aside the ex parte order well in time. Delay is not well explained and there is no ground on the basis of which, the Applicant can be given an opportunity to appear in the O.A. Accordingly, the Application U/s 5 of the Limitation Act do not have any merit. The delay of 327 days is not reasonable as well as is not well explained and therefore, the application U/s 5 of the Limitation Act is dismissed being devoid of any merit. M.A. is also stands disposed. Copy of the order be given free to the concerned parties. File be put up before the Registrar for compliance. After compliance file be tagged with its O.A. file. (Vivek Saxena) Presiding Officer DRT, Jaipur (Additional Charge DRT-1 Chandigarh)