Jayesh Auto Parts And Steels Pvt. Ltd. v. Central Bank Of India & Ors.

Allah Raham, Chairperson:— This is an application for condonation of 304 days delay in filing the appeal.

2. Mr. Surendra Sharma, Director of the appellant company has sworn that the impugned order was passed on 3.1.200S The appellant preferred a writ petition before the Hon'ble High Court of Chhattisgarh at Vilaspur by way of Writ Petition No. 702 of 2006. The said writ petition was disposed of by Hon'ble Chhattisgarh. High Court on 12.10.2006 He has further sworn that the time consumed from 12.10.2006 till the date of filing of the present appeal Was on account of obtaining certified copy of the order and other documents, search of documents, travelling all the way to Mumbai for briefing the Advocates. Therefore, there has been a delay of 304 days in filing the appeal, which is not intentional. Hence, this application for condonation of delay.

3. The learned Counsel for the appellant has not been able to show the order of the Hon'ble High Court of Chhattisgarh passed in Writ Petition No. 702 of 2006. For a moment it may be assumed that the writ petition was filed and ultimately disposed of by the Hon'ble High Court still the appellant was required to explain the delay that happened after 12.16.2006

4. Submission of the learned Counsel for the respondent No. 1 is that the appellant has offered vague explanation for the delay that happened after 12.10.2006 Since the delay after 12.10.2006 is about 70 days only, the application for condonation of delay deserves to be allowed on payment of Rs. 15,000/- as costs with the following order:

M.A No. 16 of 2007 for condonation of delay is allowed on payment of Rs. 15,000/-, out of which a sum of Rs. 5,000/- shall be deposited in DRT Bar Association for purchase of Law Books and Journals and the balance amount of Rs. 10,000/- shall be paid to the respondent No. 1 Bank within two weeks from today.

Stand over to 13.10.2010 for admission.

M.A allowed