STATE BANK OF INDIA Vs. JAVED TEXTILES

JUDGEMENT

(1.) We are inclined to condone the delay in filing the present appeal on the following grounds :--- There were in all 16 suits filed against what is otherwise known as Ansari Group of Concerns and the suit from which the present appeal arises was one of them. All these suits were filed through the same Advocate Shri S.W. Oka in the Thane Court, and against decrees in seven suits, seven appeals have been filed in this Court. Six of the appeals are filed on the same ground on which the present appeal is sought to be filed. The appeals filed have been admitted and are pending decisions. However, it appears that this was a lone matter in which the appeal remained to be filed in time.

(2.) The explanation of the Appellant-Bank for the delay in filing the appeal is that its Advocate Shri Oka was under the impression that he had filed an application for certified copy of the decree in this matter also as he had done in the remaining 15 suits. It is only later, i.e. on the 30th July, 1982 (the decree is dated 22nd April, 1982) i.e. eight days after the expiry of the period for filing the appeal, that he realised that he had not made any such application, and on that day, i.e. on the 30th July, 1982 he filed the application for the certified copy of the decree. The copy was ready for delivery on the 5th April, 1983 and the delivery was taken on the same day. Shri Oka has filed his affidavit to that effect.

(3.) It further appears that although the copy was received on the 5th April, 1983, the Bank handed it over to the their attorneys in Bombay, M/s. Little & Co., on the 25th May, 1983 and the attorneys prepared the appeal and sent it to the office of the Court on the 1st June 1983 when they were informed that since the Court had summer vacation, the appeal would not be received till the reopening of the Court. The Court reopened after the vacation on the 13th June, 1983. However, the appeal was filed on the 17th June, 1983. Thus it is clear that initially there was a delay of about eight days in making an application for the certified copy. There was then a delay of about one month and 20 days in handing over the copy to the Attorneys in Bombay and in giving them instructions to file the appeal. There was a further delay of four days in filing the appeal after reopening of the High Court. Thus calculated, the delay is actually of about 62 days. However, as per the rules, the office has correctly calculated the delay to be of 331 days.