Indian Bank and The Trustees, Staff Provident Fund vs Sri S.N. Shankar

Dilip B. Bhosale, J.

Order on I.A. 1/13

By this application, the applicant/petitioner-Bank seeks condonation of 141 days delay caused in filing R.P. No. 683/13.

The only ground mentioned for seeking condonation of delay as reflected in paragraph-2 of the application, reads thus:-

There is a delay of 150 days in filing the Review Petition. After the order of this Hon''ble Court, the records were submitted to the legal section of the Bank at Head office at Madras. The legal section examined the matter and sought the opinion from its counsel, as to whether it can adjust the Provident Fund amount towards Housing Loan Account. The Bank was advised that in view of the order in the writ appeal, it is not proper to appropriate the Provident Fund amount towards the loan without bringing it to the notice of this Hon''ble Court. Thereafter, again, the matter was examined by the legal section. Finally, it was felt necessary that Review Petition has to be filed as prayed in the accompanying Review Petition. In this process, there is a delay of 150 days in filing the above Review Petition. The delay is not deliberate or intentional. Hence, the delay may kindly be condoned in the interest of justice.

The cause shown in the application for seeking condonation of delay is not at all satisfactory, apart from the fact, even on merits, learned counsel appearing for the applicants-petitioners could not and did not point our any error apparent on the face of the record to seek review of the order dated 18.02.2013 in W.A. No. 1293/12. In the circumstances, the application for condonation of delay and so also, the review petition are dismissed. This order, however, shall not preclude the petitioners from taking appropriate proceedings against the respondent, if any, for recovery of the monies/dues. While making this observation we shall not be understood to have examined the claim of the petitioner-bank or their right to recover, and if any such proceedings are initiated, same may be considered strictly in accordance with law.