Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs M/S SUCHITA ENGINEERING on 3 March 2025
**Before Arun Kumar Singal, Presiding Officer DRT-III, Navi Mumbai Miscellaneous Application No.4 of 2023**
Presented on : 21.12.2022
Registered on : 13.01.2023
Decided on : 03.03.2025
**Bank of India**
...APPLICANT
**V/s.**
**M/s. Suchita Engineering**
...RESPONDENT
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**ORDER**
1. 1. This Order of mine shall dispose of the Miscellaneous Application bearing No.4 of 2023.
2. 2. It is the plea of the Applicant that there is delay of 38 days in filing the Chamber Appeal in Original Application (Lodg.) No.147 of 2022 and the delay is on account of genuine reasons and there is just and sufficient cause to condone the said delay. The counsel for the Applicant Bank submits that on 28.10.2022, the Ld. Registrar declined to register/number the Original Application (Lodg.) No.147 of 2022 due to non-compliance of office objections/rectification of defects. The Applicant Bank submits that any lapse on the part of the Advocate should not be made to suffer and the delay of 38 days arises in filing present Chamber Appeal which is neither intentional nor deliberate and requires to be condoned in the interest of justice. The Applicant Bank requested to protect their interest and accordingly present application filed in the Tribunal and for this act, the delay of 38 days is there, which was not intentional and accordingly, the Applicants prayed for condonation of delay.
1. 3. In the opinion of this Tribunal, the present application for condonation of delay in filing the Chamber Appeal in Original Application (Lodg) No.147 of 2022 and the delay is on account of genuine reasons and there is just and sufficient cause to condone the said delay. It has been held in plethora of judgments by Hon'ble Supreme Court that a party be not made to suffer because of negligence of the advocate. So, in the interest of justice, present Miscellaneous Application No.4 of 2023 is hereby allowed and the Registry is directed to number Chamber Appeal and put up before the Tribunal for appropriate orders.
Dt.03.03.2025
(ARUN KUMAR SINGAL) PRESIDING OFFICER DRT-III, MUMBAI