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2021 (3) TMI 79 - HC - Indian LawsSeeking condonation of delay in filing claim affidavit - Order of Debt Recovery Appellate Tribunal (DRAT) - HELD THAT:- The order dated January 16, 2018 cannot be said to be an order passed in adjudication on merits. Order impugned in the present petition passed by the DRAT has considered the same and records the background of the lis between the parties. It records that on June 29, 2020 learned counsel appearing on behalf of the petitioner (applicant No. 2 therein) had itself submitted that since the record in the case was bulky and it required detail arguments, instead of virtual hearing, physical hearing may be taken in the case and had in fact, consented for a short adjournment. Further on July 20, 2020 matter before the DRAT came to be adjourned on the request of both the parties. According to the petitioner delay was required to be calculated from January 16, 2018 and would therefore amount to a delay of two years as against the delay of 269 days argued by respondent No. 1, the DRAT has taken an overall view while observing that though there were some lapses on the part of respondent No. 1 in not filing the claim affidavit, but since the claim affidavit was ready, no prejudice whatsoever would be caused to the petitioner (financial institution). It is to be noted that ultimately the case was required to be decided on the basis of the material evidence placed before the DRAT. The appellants shall file their claim affidavit in the DRT within one week from the date on which the present order is uploaded on the website after duly serving a copy of the same on the opposite party - The application for cross-examination of the witnesses of respondent-financial institution filed by the appellants in main O. A. shall be decided within a period of four weeks including witness action, if any, from today.
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