Order No: 04                                                                                      Date:25/09/2024

Today is fixed for hearing of this MA Case positively failing which necessary order as per law is to be passed.  The applicant side (who is the OP No. 1 & 2 of Complaint Case No. 100/2023) is found present and ready.  OP of this MA Case (who is the complainant of above noted Complaint Case) is also found present and ready.

It is revealed from the case record that this MA Case has been filed by the OP No. 1 & 2 (Bank Authority) for setting aside Ex-parte Order dtd. 18.08.2023 passed by this District Commission.   In support of this point of contention the applicant side has given emphasis on the letter being No. BO1:STG:COURT: 2023-24 and also pointed out that due to Audit of OP No. 1 & 2 Bank Authority  delay has been caused in the matter of filing W/V.

On the other hand it is the main point of contention  and argument of the OP of this MA Case that W/V  has not been filed by the OP, Bank Authority within time and so the prayer for setting aside Ex-parte Order cannot be allowed.

After going through the material of this case record it is reflected that this District Commission passed the order of ex-parte hearing against OP No. 1 & 2 on 18.08.2023 but the prayer for setting aside the Ex-parte Order has been filed

on 01.12.2023 which is  after 4 months.  There is no cogent explanation for such delayed filing of the prayer for setting aside the Ex-parte Order.

Under these circumstances and in view of the decision of Hon’ble Apex Court  (“ New Indian Assurance Company Ltd. Vs. Hilli Multi Purpose Cold Storage Pvt. Ltd.”)   no W/V can be accepted after expiry of the statutory period of time of 45 days.

Considering all the above noted aspects the prayer of OP No. 1 & 2 (Bank Authority) for setting aside Ex-parte Order is rejected and this MA Case No. 128/2023 is dismissed on contest.  No order is passed as to cost.

Dictated & corrected by me

President