ORAL      

        A/3239/2017

                I.D.B.I. Bank Limited V/s Arun Kumar Katara and others

          15-11-2017

None appeared for the appellant.

Learned Counsel Sri O P Duvel appeared for respondent No.02.

Appellant was absent on previous date 05-06-2018 also and none appeared for it on said date.

Appeal has been filed with 60 days delay after expiry of limitation. In affidavit filed in support of delay condonation application it has been stated that the certified copy of impugned order was procured by learned Counsel of appellant in District Consumer Forum on 06-09-2017 but said copy was provided to appellant bank on 10-10-2017. Thereafter copy of judgment was sent to legal department of appellant and ultimately on 09-11-2017 legal department decided to file appeal. Thereafter appellant bank has contacted lawyer at Lucknow to file appeal and appeal has been filed.

Certified copy of impugned order has been furnished to learned Counsel for the appellant in District Consumer Forum on 06-09-2017. There is nothing on record to show that the learned Counsel has sent this copy to appellant bank on 10-10-2017. The reason stated by appellant in affidavit for delay in filing appeal appears insufficient and none is present to press delay condonation application as well as appeal.

In view of above delay condonation application is rejected in default of appellant and appeal is not entertained due to bar of limitation.

                                    President

          Pnt.