STATE BANK OF INDIA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THE appellant 3rd defendant filed IA-583/2001 before the DRT, Ernakulam, to reopen the case and allow the petitioner to cross-examine the applicant Bank witness and that was dismissed by the Tribunal by order dated 23.8.2001. Challenging that Order, Appeal MA-76/2002 is filed.

(2.) Order was passed in the original application (OA) on 24.4.2001. After passing of the final Order, IA-583/01 was filed on 5.6.2001 before the PO, DRT, for reopening the case for cross-examining the applicant Bank witness. The appellant has filed the petition to reopen the case after final order was passed. Before the final order is passed, a party can seek relief of reopening the case and seeking for further cross-examination. After final order is passed the remedy open to the appellant is only to prefer appeal as against the final order and he is not entitled to seek the relief of reopening the case and cross-examining the Bank witness. For the relief sought for in IA-583/01 after disposal of the OA and after the PO, DRT, has become functus officio, the IA filed by the appellant is itself not maintainable and that relief cannot be sought for and cannot be granted. The PO, DRT, rightly dismissed that petition.The order by the PO, DRT, Ernakulam, does not warrant any interference.

(3.) IN IN-55/2002, the appellant has preferred this appeal as against the final order passed, with a delay of 289 days and the petition to condone the delay has been filed.