ORDER

[ The proceeding has been conducted through Hybrid mode ]

1. Exemption is allowed, subject to all just exceptions. CM APPL. 2761/2023 (for exemption)

2. The application is disposed of.

3. This is an application seeking condonation of delay of 191 days in filing the present appeal. CM APPL. 2762/2023 (for delay in filing appeal)

4. Mr. Sagar, learned counsel appearing for the appellant submits that the appellant is the sole bread earner of the family and her husband is a visually impaired person and, therefore, she was unable to pursue with her remedies by way of present appeal during this period.

5. Issue notice. Notice is accepted by Mr. Santosh Kumar Rout, learned counsel appearing for the respondent.

6. For the reasons stated in the application, the application is allowed. The delay of 191 days in filing the present appeal is condoned.

7. The application is disposed of.

8. This is application seeking permission to pursue with the appeal as an indigent person. CM APPL. 2763/2023 (suit may be registered as indigent)

9. The SDM of the concerned area is directed to file report in respect of the indigency of the appellant/ petitioner.

10. The application may be listed before the Joint Registrar for further proceedings.

11. A perusal of the impugned judgment dated 26.03.2022 in CS (COMM) 31/2021 titled “ Punjab National Bank vs. Archana Yadav,” brings to fore the fact that the Bank had extended the loan by hypothecation on the goods, which were to be insured by the respondent/ Bank and premium thereof, was to form part of the loan that was disbursed to the appellant. CMI 2/2023 & CM APPL. 2760/2023 (for stay)

12. The impugned judgment also further elaborates that the respondent/ Bank proceeded with the insurance payment only on

24.05.2016, which was subsequent to the incident of fire which took place in the factory of the appellant.

13. Despite the aforesaid inaction on the part of the Bank to consolidate its interests at the intial stages of the Loan Agreement itself, the fall out cannot be placed on the appellant.

14. Though, this is, a prima facie, observation, it does not absolve the appellant from repaying the loan that has been availed of by her from the respondent/ Bank.

15. Be that as it may, in the interest of justice and in view of the peculiar and unfortunate circumstances under which the appellant has undergone coupled with the view that she is the sole bread earner and her husband is a visually impaired person, the impugned judgment and decree are stayed till the disposal of the present appeal.

16. List before the Joint Registrar for completion of proceedings in respect of the indigency of the appellant. The appeal may be placed before the Court once the report is made over by the SDM to the Joint Registrar for further proceedings.

17. Mr. Santosh Kumar Rout, learned counsel appearing on behalf of the respondent/ Bank seeks the complete set of the paper book as filed by the appellant.

18. Mr. Sagar undertakes to supply the hard copies of the entire paper book along with the annexures annexed thereto during the course of the day.

19. List before the Joint Registrar on 23.03.2023.

20. List before the Court on 02.08.2023. TUSHAR RAO GEDELA, J JANUARY 20, 2023/ nd