Final Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLNT-01-000712-2024
Cr. Rev. No. 10/2024
AU Small Financed Bank Ltd. Vs. State (NCT of Delhi)
14.02.2024
Present : None for the revisionist.
Ms. Neeta Gupta, Ld. Chief PP for the State /
respondent.
Arguments on the application for condonation of
delay in filing the instant revision as well as revision have
already been heard on the previous date of hearing.
Vide the instant application, condonation of delay of
about 279 days in filing the revision, has been sought. It is stated
in the application that the revisionist had applied for the certified
copy of the impugned order timely i.e. on 18.03.2023, but the
case file could not be sent to the Copying Agency, and the instant
revision has been filed on the basis of uncertified copy issued by
the staff of the court concerned. It is prayed that the delay in
filing the revision, be condoned.
In the case of Santosh & Ors. v. Shri Tek Chand,
134(2006) DLT 332, the Hon'ble High Court of Delhi held that,
“rules of procedure are handmaiden to the end of justice and
should not be permitted to effect substantial justice”.
When the case in hand is adverted to, it is found that
no doubt, there is a delay of about 279 days in filing of revision
petition, but the circumstances, which have been shown, need to
be considered leniently and not harshly. Taking a liberal view,
and in the larger interest of justice, the application for
condonation of delay is allowed, and the delay in filing of the
instant revision, is condoned.
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Vide my separate Order, announced in the open court
today, the impugned order dt.10.03.2023, passed by the Ld. Trial
Court, is set aside, and the matter is remanded back, with
direction to the Ld. Trial Court, to hear the arguments of the
applicant / revisionist afresh, and pass a speaking order, while
disposing off the application for relese of the said vehicle on
Superdari.
The revisionist is directed to appear before the Ld. MM
on 17.02.2024.
Trial Court Record be sent back along with a copy of
this order. The revision petition stands disposed off.
File be consigned to Record Room.
(Seema Maini)
Principal District & Sessions Judge
North District, Rohini, Delhi/14.02.2024
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