Today is fixed for hearing of this M.A. case.

The applicant who is the op of C.C. case no. 209 of 2023 is found ready.

The op who is the complainant of the above noted C.C. case is also found ready.

The op of this M.A. case has contested this M.A. case but no W/O has been filed.

Heard submission of the ld. Advocates of both sides. Considered the point of contention highlighted by ld. Advocates of both sides.

It is the case of the applicant that the op bank authority failed to file the W/V within time as the branch manager of the op, bank was transferred and there was no bad intention of filing the W/V after delay. It is also pointed out by the ld. Advocate for the applicant that the applicant is interested to contest this case and for that reason there is urgent necessity of setting aside the ex parte order which has been passed in the compliant case vide order no. 4 dt. 7.2.2024.

On the other hand, op of this M.A. case pointed out that there is no explanation of delay in the matter of delayed file of W/V. Moreover, as per law there is no scope to accept the W/V at this stage.

After going through the materials of this case record it is found that the order of ex parte hearing has been passed by this District Commission on 7.2.2024 but this M.A. case has been filed on 18.7.2024 which is after long delay of 5 months.

It is admitted fact that the op bank authority has filed W/V but there is no explanation for delayed filing of the prayer for setting aside ex parte order and in the matter of acceptance of the W/V.

Under the above noted circumstances and in view of the decision of Hon’ble Apex Court passed in “New India Assurance Company Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd.” there is no scope of accepting any W/V after expiry of the statutory period of 45 days.

Considering all the above noted factors this District Commission is of the view that there is no scope to set aside the order of ex parte hearing and for modifying the order no. 4 dt. 7.2.2024.

Thus, the M.A. case being no. 52 of 2024 be and the same is dismissed on contest.

No order is passed as to costs.

Let this case record be tagged with the case record of C.C. case no. 209 of 2023.