UCO BANK Vs. DILIP KUMAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23.10.2000 passed by District Consumer Forum Sitapur in Complaint Case No.73/2000. It is not necessary to mention the facts of the case as the appeal can be decided on the question of limitation. An application for condonation of delay has been moved by the appellant supported by an affidavit. In the affidavit it has been alleged by the appellant in para 10 that the appellant Bank received information through respondent on 6.12.2000 about passing of ex parte order. The enquiry was made by the appellant from its Counsel who advised and assured to file an application before the District Forum for recalling the order dated 23.10.2000. Later on the Advocate of the Bank Mr. D. N. Mishra informed the Bank that he had moved a recall application which was fixed for 16.1.2001. But in fact, no such application was filed which was detected on 17.2.2001. It is also alleged that when this fact came to the light a new Counsel Mr. Rajesh Malhotra was engaged who also advised to file a recall application. A perusal of the application goes to show that the date fixed was 16.1.2001 and no enquiry was made as to what date has been fixed thereafter. Ultimately this fact came to the knowledge on 17.2.2001. There is no explanation for this delay.

(2.) It has been held by the Hon'ble Supreme Court in the case of Jyotshna Arvind Kumar Shah V/s. Bombay Hospital Trust,1999 CPJ 1, that even ex parte reasoned order passed on merit cannot be set aside by the Commission or Forum itself. Therefore, the time spent by the appellant in moving the application for recall of the order cannot be counted for considering the limitation period.

(3.) In the present case the judgment was passed on 23.10.2000 and the Bank received information of the same on 6.12.2000 but the appeal has been filed on 13.6.2002. The appeal is highly time barred and is liable to be dismissed. ORDER the appeal is dismissed. The judgment and order passed by District Consumer Forum are confirmed. The appellant shall pay a sum of Rs.2,000/- to the respondent towards cost of appeal. Let compliance of the order be made within a period of two months from the date of this order. Let copy as per rules be made available to the parties.