AUGUSTHY JOSEPH Vs. STATE BANK OF TRAVANCORE

JUDGEMENT

(1.) AGGRIEVED against the order passed by the Presiding Officer, DRT, Ernakulam, in OA-336/1999, the appellant has preferred this appeal and while preferring the appeal there is a delay of 438 days. Counsel for the appellant submits that he filed preliminary objection before the DRT, Ernakulam, and order was passed in the preliminary objection and the appellant was waiting for receipt of the order on the preliminary objection and as such the delay has occurred and the delay has to be condoned.

(2.) Counsel for the respondent Bank submits that on the same day when the Presiding Officer, DRT, dismissed the preliminary objection, order in the Original Application (OA) was passed and no separate order was passed on the preliminary objection and the Counsel for the appellant was also present in the Court when the order was passed and there is no justifiable ground for condoning the inordinate delay of 438 days.

(3.) COUNSEL for the appellant further submits that even reply statement was not filed and only preliminary objection was raised with regard to the jurisdiction before the DRT and as the reply statement was not filed and the defendant was denied opportunity of filing the reply statement and the defendant was also denied the opportunity of letting in any evidence, the order passed by the Presiding Officer, DRT, has to be interfered with.