INDIAN OVERSEAS BANK vs M/S VAILA GLASS AND PLYWOOD on 31 August 2026

**31.08.2026.**

The applicant has preferred the present Chamber Appeal seeking recall of the order dated 18.05.2026 passed by the learned Registrar, whereby the Original Application filed by the applicant was declined registration on account of non-compliance of the office objections. The applicant has also filed an application seeking condonation of delay of 49 days in filing the present Chamber Appeal.

Heard the learned counsel for the applicant and perused the records.

The Original Application was presented by the applicant on 18.03.2025. Certain office objections were raised. The record further

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discloses that on 29.01.2026, the applicant sought time for compliance of the office objections and the matter was thereafter posted before the learned Registrar on 24.06.2026.

It is the specific case of the applicant that on 24.06.2026 when the applicant before the Registry ready and willing to comply with the office objections, it came to know that the learned Registrar had already passed the impugned order dated 18.05.2026 declining registration of the Original Application.

The explanation furnished by the applicant for the delay of 49 days in preferring the Chamber Appeal has been considered in the light of the above chronology. It is evident that the applicant had been pursuing the matter before the Registry and had sought time for removal of the office objections. The matter had also been fixed for compliance on 24.06.2026. In such circumstances, the applicant had a reasonable basis to believe that the matter would be taken upon the date so fixed for compliance. The fact that the order seeking registration had already been passed on 18.05.2026 was admittedly not within the applicant's knowledge until the matter was taken up on 24.06.2026.

The delay of 49 days is therefore satisfactorily explained. The applicant has also demonstrated its willingness to comply with the office objections. No prejudice would be caused to the respondent if the delay is condoned and the Original Application is permitted to be processed in accordance with law. On the other hand, refusal to condone the delay in the circumstances of the case may result in the applicant being denied adjudication on the merits for a procedural lapse.

Accordingly, the application for condonation of delay of 49 days is allowed and the delay is condoned. Register the Chamber Appeal.

As regards the Chamber Appeal, having regard to the fact that the applicant had sought

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time for compliance on 29.01.2026 and the matter was fixed for compliance on 24.06.2026, the passing of the order declining registration or, 18.05.2026, prior to the date fixed for compliance, warrants reconsideration. The applicant ought to be afforded a reasonable opportunity to remove the office objections, particularly when the applicant has expressed readiness and willingness to ~~its~~ comply with the same.

Consequently, the Chamber Appeal is allowed. The order dated 18.05.2026 passed by the Learned Registrar declining registration of the Original Application is recalled/ set aside.

The Original Application shall be restored to the stage of compliance of office objections. The Registry shall communicate the outstanding office objections to the applicant, if necessary, and grant reasonable time for removal of the same. Upon compliance, the Registry shall scrutinize the Original Application and place the matter before the Learned Registrar for registration in accordance with law.

It is made clear that this order is confined to the question of registration and condonation of delay and this Tribunal has not expressed any opinion on the merits of maintainability of the Original Application.

Accordingly, the Chamber Appeal and the application for condonation of delay stand disposed of in the above terms.

✓ Presiding Officer.