INDIAN OVERSEAS BANK Vs. GETWIN ENTERPRISES AND ORS.

JUDGEMENT

(1.) THE challenge in the present revision is to the order dated 11.9.2003 whereby the appeal filed by the petitioner was found to be not maintainable being time barred.

(2.) THE suit for recovery filed by the petitioner was decreed by the learned Trial Court on 30.11.1999. However, the learned Trial Court has given six months time to pay the decretal amount failing which the decretal amount shall be recovered by auctioning the mortgaged property. But the said operative part of the judgment failed to pay any interest on the decretal amount although the finding regarding interest was returned in favour of the plaintiff while dealing issue No. 3.

(3.) THE learned District Judge dismissed the application for condonation of delay on the ground that the petitioner has not shown any sufficient or reasonable cause explaining delay from 11.6.2002 to 24.7.2002 except pleading that the Courts were closed from 16.6.2002 to 15.7.2002.