Mathew Varghese V/S The South Indian Bank Ltd.

A.IR:327/2007

Record of proceedings on 1.11.2012 in  IA No.1527/07 (delay);  No representation for the petitioner .  Petitioner is called absent.

Ld. Counsel Shri Arun Prasad appearing on behalf of Ld. Counsel Shri Girish Kumar for the respondent bank took this tribunal through the averments made by the petitioner in the affidavit and stated that the petitioner has not filed the medical certificate and that from the non filing of the medical certificate it can be inferred that the reason stated in the affidavit cannot be believed.  Ld. Counsel further stated that the reason stated by the petitioner  has not been substantiated by the petitioner and that this tribunal cannot venture to condone the delay when the petitioner himself has chosen not to file the medical certificate. 

 Ld. Counsel further stated that no sufficient cause has been shown by the petitioner for not filing this appeal within the prescribed time and that thereafter the delay has also not been explained.  Ld. Counsel further stated that this petition deserves only a dismissal as the petitioner has filed this petition only to drag on the proceedings and further to delay the recovery of public money and that this tribunal also should take a serious note of the public money involved in this case and prayed that this IA should be dismissed.

Heard the Ld. Counsel for the respondent bank.

It is seen that the petitioner has chosen not to be present in this tribunal to put forth his case.  A perusal of the affidavit filed along with this petition sans the medical certificate drives this tribunal to  come to the conclusion that the illness of the petitioner has not been proved and that therefore the delay has not been properly explained. 

 It is also seen that the petitioner has not repaid public money borrowed by him. 

Therefore for the reason that the delay has not been properly explained and  for the reason that public money has to be recovered this IA is dismissed.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on 1 st  Nov 2012