N.S. JOHN Vs. STATE BANK OF TRAVANCORE
LAWS(DR)-2005-10-7
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on October 26,2005

N.S. John Appellant
VERSUS
STATE BANK OF TRAVANCORE Respondents

JUDGEMENT

K. Gnanaprakasam, J. - (1.) THIS Appeal is directed against the order dated 4.2.2005 passed by the DRT Ernakulam, in IA -460/2004 in OA -366/ 2002.
(2.) THE appellants are the defendants in the OA and they have filed an application in IA -460/2004, to condone the delay of 446 days in filing the reply statement arid the same came to be dismissed by the DRT by its order dated 4.2.2005 and the same is under challenge in this Appeal. I have heard the learned Advocate for the appellant and respondent and also perused the relevant papers placed before this Tribunal.
(3.) THE appellant in the Affidavit filed before the DRT had stated that they were directed to file the written statement within two weeks from 20.11.2002 and they did not do so. The written statement was filed on 24.2.2004 and there was a delay of 446 days in filing the written statement. The delay was explained in the Affidavit by stating that the defendants were trying to settle the claim with the applicant Bank and the defendants were optimistic of settling the claim and unfortunately the defendants could not raise sufficient funds from the expected sources and hence they were constrained to file the written statement and only in the said circumstances there was a delay and the said delay was neither wilful nor wanton.;


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