AJIT SINGH LAMBA Vs. UCO BANK

JUDGEMENT

(1.) Cm No. 4042/2013 (Exemption)

(2.) The factual matrix is that when the appeal was listed before the DRAT, as per the office report, it was stated to be barred by 56 days. On the other hand, the contention of the petitioner was that the order sought to be assailed in the appeal was passed on 19.11.2012 and having come to know of the same on 7.12.2012, immediately a certified copy was applied for which was made available on 14.1.2013. Thus, excluding the period for obtaining certified copy the appeal was within time.

(3.) It may be noticed that the appellant filed IA No. 137/2013 to bring this factual matrix on record. The DRAT also called for the report from the office and it transpired that a photocopy of the order was delivered at the residence of the petitioner on 19.12.2012. Such a copy is stated to have been sent as per Rule 16 of the DRT (Procedure) Rules free of cost. The original sent to the petitioner has been produced before us and perused which shows that it is a photocopy of the order.