CATHOLIC SYRIAN BANK LIMITED vs M/S V V TRADING on 5 October 2026

DR: 2686 / 2026

Place IA D. No. 3382/2026 application for condonation of delay before Honble PO per lg by 08/09/2026.

dk 01/09/26

08/09/2026

- Fresh hearing

**08.09.2026**

Counsel for Applicant Bank present.

Heard the Counsels for Applicant Bank.

Matter Reserved for Orders.

Presiding Officer

**05.10.2026**

The bank has preferred the present Chamber Appeal challenging the order dated 18.05.2026 passed by the Learned Registrar, whereby the Original Application filed by the Bank was declined to be registered on the ground that, despite sufficient opportunities having been granted, the Bank had failed to comply with the office objections.

Along with the Chamber Appeal, the Bank has filed the present IA seeking condonation of delay of 73 days in preferring the appeal.

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

In support of the application for condonation of delay, it is submitted that the matter was posted on 12.08.2026 for compliance. The learned counsel appearing for the Bank had to proceed to Kerala in connection with the surgery of her husband. After returning, she came to know about the impugned order. It

is stated that she immediately applied for the certified copy of the order and thereafter, took steps to prefer the present chamber appeal, resulting in the delay of 73 days.

The explanation furnished for the delay has been considered. The circumstances pleaded by the learned counsel, coupled with the fact that steps were taken to obtain the certified copy and thereafter to prefer the Appeal, constitute sufficient cause for the delay. There is no material before the Tribunal to conclude that the delay was deliberate or with an intention to protract the proceedings.

At the same time, the Tribunal is conscious that sufficient opportunities has already been granted by the Registry for compliance with the office objections. Nevertheless, refusal to register the Original Application has the effect of preventing the Bank from having its claim adjudicated on merits. In the circumstances of the present case, the delay deserves to be condoned so that the Chamber Appeal may be considered on merits.

Accordingly, the IA no. 3382/2026 for condonation of delay is allowed and the delay of 73 days in preferring the Chamber Appeal is condoned. Registry is directed to number the Chamber Appeal.

Coming to the Chamber Appeal, the learned Registrar declined to register the Original Application principally on the ground that, despite sufficient opportunities having been granted, the Bank failed to comply with the office objections.

There can be no dispute that office objections are required to be complied well within the time granted by the Registry. A litigant cannot claim an unlimited number of opportunities for removing defects, and repeated non-compliance cannot be encouraged. The Registry is justified in insisting upon compliance with the prescribed procedural requirements.

However, the consequence of declining registration of an Original Application is serious. Where the applicant bank approaches the Tribunal seeking an opportunity to cure the procedural defects and there is no finding that the Original Application is inherently barred or not maintainable, the Tribunal may, in appropriate circumstances, grant the final opportunity so that the matter may be brought before the Tribunal for consideration in accordance with law.

In the present case, having regard to the circumstances explained by the Bank, the fact that the Chamber Appeal has been preferred challenging the refusal of registration, and the Bank's undertaking to comply with the outstanding office objections, this Tribunal is of the considered view that the interest of justice would be served by granting one final opportunity to the Bank to comply with the office objections.

Accordingly, the Chamber Appeal is allowed. The order dated 18.05.2026 passed by the learned Registrar declining to register the Original Application is set aside. The Bank is granted one final opportunity to comply with all the outstanding office objections. The Bank shall comply with the same within two weeks from the date of this order.

Upon such compliance, the Registry shall scrutinize the Original Application and, if the office objections are duly cured and there is no other legal or procedural impleadment, register the Original Application in accordance with law.

It is made clear that the opportunity granted herein is final. In the event of failure on the part of the Bank to comply with the office objections within the time stipulated above, the Registry shall place the matter before the Tribunal for appropriate orders, without granting any further opportunity as a matter of course.

Nothing stated in this order shall be construed as an expression of opinion on the merits or maintainability of the OA, all of which are left open for consideration at the appropriate stage.

The IA and the Chamber Appeal stand disposed of accordingly.

✓ Presiding Officer