PADMASREE CORPORATION Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE appellants were set ex parte on 16.6.2003 and Orders were passed on 19.6.2003 allowing the OA. THE appellants filed petition to set aside the ex parte decree with a petition to condone the delay of 128 days in filing the petition to set aside the decree. THE PO, DRT has found that there is no sufficient cause or satisfactory explanation for the delay of 128 days and accordingly the PO declined to condone the delay and dismissed that petition. Aggrieved against that order the appellants have come forward with this appeal.

(2.) The Counsel for the appellants submits that the delay had occurred because the appellant's husband was hospitalised and he underwent accident and heart ailment and so he could not file the petition in time.

(3.) FROM the records it is crystal clear that Advocate appeared for all the defendants and after filing of Vakalat, the written statement was not at all filed. The matter was pending for about 8 months for filing the written statement. The appellants did not choose to file the written statement in time. The defendants also promised to settle the matter with the bank and took time for filing the written statement. The matter was posted to 5.3.2003 as last chance for filing written statement. On that day, none was present for the defendants. The PO, DRT in spite of that gave chance for filing the written statement and adjourned the matter to 27.3.2003. Even on that day, the written statement was not filed and on 27.3.2003 costs were imposed and it was also not complied with. In spite of sufficient opportunity given, the defendants did not avail that opportunity and did not file the written statement at all. Even though the appellant took time to settle the matter under the RBI guidelines, the appellants also did not settle that matter.