This case record is taken up for consideration for passing order in the matter of condonation of delay in the matter of filing w/v by OP-1 and also for setting aside ex parte order which has been passed by this District Commission vide order no.9 dated.12.10.2022.
This matter has been contested by complainant by filing written objection.
Heard argument of both sides considered submission.
Perused the application filed by OP-1 who is the applicant of this case and the written objection which is filed by complainant.
It is the main point of contention and argument of the applicant side that the Op-1 bank authority who is the applicant of this case received the notice on 9.4.2022 and within short span of time there was no scope for filing w/v. It is pointed out by the applicant side that applicant is interested to contest this case being no. CC-6/22 and in this regard the OP-1 has filed w/v but after the delay of 277 days.
On the other hand, the complainant side who is the OP of this MA case pointed out that the delay in the matter of filing w/v has not been properly explained and so the w/v cannot be accepted.
For the purpose of arriving at just and proper decision in respect of the above noted matter this District Commission after going through the petition filed by applicant side finds that the delay has been explained by the Op bank authority and CC-6/22 and w/v has been filed by the OP bank authority who is the applicant of this case.
Now the question is whether there is any scope for acceptance of the w/v after delay of 277 days or not. In this regard the judgment passed by Hon’ble National Commission in the case of Vivek Kumar Vs. Melwyn Cohelo Dated.2.5.2018 is very important where Hon’ble National Commission has been pleased to observe that it will be opened to the concerned Forum to accept written statement beyond the scheduled time of 45 days in an appropriate case. Similar view has also been observed by Hon’ble Apex Court in the case of M/s. Daddys Builders Pvt. Ltd. Vs. Manisha Bhargava Dated.11th February, 2021. Thus it is crystal clear that the w/v filed by OP bank authority of C.C.—6/22 who is the applicant of this MA case, can be accepted and the delay in the matter of filing w/v of 277 days can be condoned.
In the result, it is accordingly,
Ordered
That this MA case no.16/23 arising out of C.C-6/22 is allowed on contest.
Let the delay of 277 days in the matter of filing w/v by OP-1 of C.C-6/22 who is the applicant of this MA case is condoned and the w/v filed by the OP-1 bank authority of the above noted C.C. case is accepted but at the cost of Rs.1000/- payable to the complainant side of the above noted C.C case within next date.
In the light of the observation made above this MA case is disposed of on contest.
Let the case record of MA-16/23 be tagged with the case record of C.C-6/22.
