IDBI BANK vs JAYASHREE on 18 September 2026

**18.09.2026**

The applicant has filed the present Chamber Appeal challenging the order dated 18.05.2026 passed by the learned Registrar, whereby the Original Application was declined to be registered. Along with the Chamber Appeal, the applicant has filed the present IA No.2671/2026 seeking condonation of 50 days' delay in preferring the appeal Heard the learned counsel for the applicant and perused the application and the materials placed on record.

It is submitted that the matter was listed on 11.03.2026, on which date the learned counsel for the applicant sought time A

D. No.2318/2026

..Contd..

For Compliance by

for compliance of the office objections. According to the applicant, the matter was thereafter listed on 08.06.2025. However, on the said date the matter was not found in the cause list. Upon making enquiry, the applicant came to know that the learned Registrar had already passed the impugned order dated 18.05.2026, declining to register the Original Application.

It is further submitted that thereafter time was consumed by the learned counsel in preparing the Chamber Appeal resulting in a delay of 42 days. Thus, it is stated that there was total 50 days, which is sought to be condoned.

The explanation offered by the applicant has been considered. The fact that the impugned order was passed on 18.05.2026, whereas the applicant claims to have expected the matter to be taken up on 08.06.2026, is a circumstance which may have contributed to the delay. The delay of 42 days, however, is attributed principally to the time taken by counsel in preparing the appeal. Though such explanation cannot by itself constitute an automatic justification for delay, considering the relatively short period involved and having regard to the fact that the applicant seeks to challenge an order which has resulted in non-registration of the Original Application, the matter may be considered on merits rather than being shut out at the threshold.

At the same time, the applicant cannot claim condonation as a matter of right. The delay has to be compensated by appropriate costs, particularly when a substantial portion of the delay is attributed to the time taken in preparing the appeal.

Accordingly, the delay of 50 days in preferring the Chamber Appeal is condoned, subject to payment of costs of Rs.10,000/- to the District Legal Services Authority, Bengaluru Urban City Civil Courts Complex, Bengaluru within two weeks from the date of this order.

D. No.2318/2026

..Contd..

It is made clear that the condonation of delay is confined only to the question of limitation and shall not be construed as an expression of opinion on the merits of the Chamber Appeal or on the correctness of the impugned order dated 18.05.2026.

IA is accordingly allowed, subject to the above condition.

The applicant shall produce proof of payment of costs before the Registry within the stipulated period. Upon such compliance, the Registry shall number the Chamber Appeal and place the matter before the Tribunal for consideration on merits in accordance with law.

Call on 05.10.2026.

Presiding Officer