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2022 Supreme(Del) 2044

NAJMI WAZIRI, VIKAS MAHAJAN
Bestech India Pvt. Ltd. – Appellant
Versus
IDBI Bank Ltd. – Respondent


ORDER

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This petition impugns the order dated 04.04.2019 passed by the learned Debts Recovery Appellate Tribunal ('DRAT') in Misc. Appeal Mo. 145/2019, dismissing the petitioner's appeal against the order of the learned Debt Recovery Tribunal ('DRT') in O.A. No. 233 of 2014, whereby the petitioner's right to file written statement was closed on account of it not being filed within the statutorily permissible time. The petitioner's application for condonation of delay was not considered.

2. On 25.02.2019, the learned DRT observed, inter-alia, as under:

    "...

    Heard, record has been thoroughly perused. In the present matter Ms. Anshul Bahal and Mr. Dincur Bajai appeared regularly on behalf of defendant and put appearance since, 16.10.2015 but despite, repeated adjournment WS not filed accordingly, Ld. Incharge of this Tribunal, vide, order dated 09.05.2017 closed the right to file WS of the defendants. It is a matter of fact that WS has to be filed within 30 days, inspite of that in the present matter already sufficient opportunity was given to the defendants as there were putting regular appearance sinc

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