Order No.3 dtd.23.11.2022

                        This is an application for review under section 40 of C.P.Act,2019 wherein the Jdr filed for recall/review of the order passed arising out of C.C.Case No. 53/2019 disposal on dt. 09.06.2022, alongwith an application U/S-5 of limitation Act for condonation of delay filed on dt. 20.10.2022. The statutory provision for filing Review Petition before DCDRC is within 30 days. The order passed by DCDRC on dt. 09.06.2022 and Review Application could have been filed within dt. 09.07.2022 and there was a delay in filing the Review Petition 3 months 11 days and the grounds stated therein are not properly explained. The applicant being a financial institution constituted under the Companies Act should not be negligent to take proper step in prosecution and the same plea taken in the limitation petition are bereft of merit, not acceptable to this Commission. This Review Petition is filed to safeguard the Petitioner from the execution proceeding filed by the Dhr/Complainant. The R.A. alongwith the limitation petition are the present belated stage. In our considered view/opinion prejudiced the Dhr, consequently the same liable to be dismissed. Accordingly the petition U/S-5 of limitation Act alongwith R.A. No. 3/2022 are hereby dismissed. No order as to cost. Issue extract of the order to the parties concerned.

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                                  Member                       President