FASHION FORM PVT LTD Vs. UCO BANK

JUDGEMENT

(1.) Mr. Arun Tandon, learned counsel for the revisionists has raised a very short but interesting question while challenging the order dated 3rd August, 1998 passed by the learned Additional Chief Metropolitan Magistrate, Vlllth Court, Kanpur Nagar in Suit No. 176 of 1997, as to whether a suit being the suit under Order 37 of the Code of Civil Procedure could at all be transferred to the Tribunal, which has not been empowered under Rule 1 of Order 37 of the Code by High Court by issuing any notification to such Tribunal in terms of clause (b) of sub-rule (1) of Rule 1 of Order 37 of the Code.

(2.) The application appears to have been filed after three days of expiry of the period of limitation seeking condonation of delay by means of an application under Section 5 of the Limitation Act. Mr. Manoj Mishra had opposed the said prayer for condonation delay. It appears that the delay was only by three days, which is insignificant excluding the time taken for obtaining the certified copy. Therefore, the explanation given appears to be sufficient.

(3.) The delay, is, therefore, condoned and the application under Section 5 is allowed.