AXIS BANK vs M/S VEENA INDUSTRIES on 5 October 2026

**09.09.2026**

Counsel for the Applicant is present.

Heard the Counsel for Applicant Bank.

Matter Reserved for Order.

Presiding Officer

**05.10.2026**

The Present Chamber Appeal is filed by the Bank 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 account of non-compliance of the office objections/procedural requirements.

Along with the Chamber Appeal, the Bank has filed an IA no. 3535/2026 seeking condonation of delay of 112 days in preferring the appeal.

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

The case of the Bank, as set out in the application, is that after filing of the Original Application, the matter was initially being handled and followed up by another Advocate. Subsequently, the services of the said Advocate were terminated. Thereafter, the Original Application was not properly represented and could not be regularly attended to, followed up and prosecuted before the Tribunal, as a result of which certain procedural compliance remained unattended.

It is further stated that thereafter the present counsel was engaged and his appearance was placed on record. When the Present Counsel took steps to follow up the matter, he was informed that the case file had been misplaced. After the file was traced, the Counsel took up the matter and ascertained the status of the proceedings. The matter was otherwise posted for 10.07.2026. However, before the date so fixed, the matter was taken up and the

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Learned Registrar proceeded to pass the impugned order dated 08.05.2026, without the Bank having prior notice that the matter would be taken up before the date fixed.

The explanation offered by the Bank, particularly the change of counsel, the intervening difficulty in having the case file and, more importantly, the advancement of the matter from the date on which it was posted, resulting in the impugned order being passed before the scheduled date, constitutes sufficient cause for condoning the delay.

The purpose of considering an application for condonation of delay is not punish a litigant for every procedural lapse, but to ensure that a matter is adjudicated on merits where the delay is satisfactorily explained and no deliberate or mala fide intention to delay the proceedings is apparent. At the same time, the Bank is expected to prosecute its Original Application with due diligence and cannot be permitted to leave procedural compliances unattended indefinitely.

In the facts and circumstances of the present case, the explanation furnished by the Bank, merits acceptance. The delay of 112 days is therefore liable to be condoned, subject to appropriate terms.

Accordingly, IA no. 3535/2026 seeking condonation of delay of 112 days is allowed, subject to the Bank paying costs of Rs. 10.000/- to the District Legal Service Authority, Bengaluru within two weeks from the date of this order. Registry is directed to number the Chamber Appeal.

Consequently, the Chamber Appeal is allowed. The order dated 18.05.2026 passed by the Learned Registrar declining to register the Original Application is hereby set aside.

The matter is remitted to the Learned Registrar for consideration of registration of the Original Application in accordance with law. The Bank shall remove all outstanding

office objections and complete the requisite procedural compliance within two weeks from the date on which the matter is taken up before the Learned Registrar.

Upon such compliance, the Original Application shall be processed for registration, subject to its being otherwise in order.

It is clarified this order is confined to the question of the procedural aspect relating to registration of the Original Application, No, finding is recorded on the maintainability, limitation, merits of the claim or any defense available to the defendants, and all such questions are expressly left open for consideration at the appropriate stage.

It is made clear that the condonation of delay is conditional upon payment of the aforesaid costs within the stipulated period. In the event the Bank fails to deposit/pay the said costs within the prescribed period, the benefit of condonation shall not be enure to the Bank and the IA. seeking condonation of delay shall stand dismissed without further reference to the Tribunal. Consequently, the Chamber Appeal shall also stand dismissed as barred by limitation.

Upon payment of the costs within the stipulated period, the delay of 112 days shall stand condoned.

The Registry shall verify compliance and place the matter accordingly.

Accordingly, the Chamber Appeal and the connected IA stand disposed of.

Presiding Officer