CANARA BANK vs Ravinder Singh alias Harvinder Singh on 27 August 2018

MA No.77/18 In OA No.4051/17 Canara Bank Vs Ravinder Singh @ Harvinder Singh Item No.106 27.08.2018 Present: Shri Ajiteshwar Singh, counsel for the applicant/defendants

This Misc. Application has been filed by the applicant bank for recalling and setting aside order dated 21.03.2018 passed by this Tribunal. Alongwith IA No.548/18 for condonation of delay of 58 days in filing accompanied MA. IA No.548/18 The counsel for the applicant/defendant is praying for recalling and setting aside order dated 21.03.2018 on the ground that admittedly the notices were delivered to the brother of the applicant/defendant and not affected upon the applicant/defendant himself and the brother of the applicant/defendant is illiterate person and did not understand and/or comprehend the nature of the document which was delivered to him as he is villager and cannot read or write in English and content of document were not read over to him due to which the brother of the applicant/defendant failed to inform the applicant/defendant and even misplaced the summons. I have heard the counsel for the applicant/defendant and perused the record and it has been found that the applicant bank has filed service report duly acknowledged by the brother of the applicant/defendant and the service was not denied being duly affected through male member of the family and if presuming that brother of the applicant was illiterate then it is not presumed that an important document/summons handed over and received by him could not be delivered to the concerned person of the family as it was never pleaded or proved that he is an insane and by merely saying an illiterate could not be presumed that he has not handed over which otherwise admitted of being received by the applicant/defendant. Hence the applicant/defendant was fully aware that the court notice was delivered and could have been read over from any other person of the family or society and moreover in the light of judgment passed by Hon’ble Supreme Court in Civil Appeal No.16963 of 2017 titled as Iridium India Telecom Ltd Vs Doha bank QSC & Anr., this court has no power to condone the delay that too 58 days to which no sufficient ground has been made by the applicant/defendant.

Since the applicant/defendant has failed to prove the delay, hence IA No.548/18 for condonation of delay is dismissed and disposed of accordingly. MA No.77/18 Since IA No.548/18 for condonation of delay is dismissed, hence MA No.77/18 also stands dismissed. (HARCHARN SINGH) Presiding Officer,

DRT-I, Chandigarh Rajinder