BANK OF INDIA vs LEELA VENTURES on 3 March 2025

**O R D E R**

1. 1. This Order of mine shall dispose of the Miscellaneous Application bearing No.115 of 2024.

2. 2. It is the plea of the Applicant that there is delay of 120 days in filing Miscellaneous Application (Lodg.) No.1083 of 2024 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 the delay is not deliberate nor intentional but due to inadvertence and situation not in the hand of the Applicant Bank. The Applicant Bank submits that any lapse on the part of the Advocate should not be made to suffer and the delay of 120 days arises in filing present Miscellaneous Application 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 120 days is there, which was not intentional and accordingly, the Applicant Bank prayed for condonation of delay.

1. 3. In the opinion of this Tribunal, the present application for condonation of delay in filing the Miscellaneous Application (Lodg) No.1083 of 2024 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.115 of 2024 is hereby allowed and the Registry is directed to number the Miscellaneous Application and put up before the Tribunal for appropriate orders.

Dt.03.03.2025

(ARUN KUMAR SINGAL) PRESIDING OFFICER DRT-III, MUMBAI