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Judgment
We have heard Mr. Pritesh Burad, Advocate assisted by Ms. Sukanya Ambonkar, Advocate for the Appellant and Mr. Abhiraj Arora, Advocate
assisted by Ms. Rashi Dalmia, Advocate for the Respondents.
There is a delay of 304 days in filing the appeal. It was urged that the appellant only came to know about the impugned order when the recovery
certificate dated 27th December, 2018 was issued. It was further urged that the appellant was never served with the summons in the proceedings
which culminated in the impugned order dated 28th March, 2018.
This fact has been denied by the respondent contending that notice was duly served inspite of which the appellant failed to appear.
In the light of the aforesaid, let a reply be filed within two weeks to the application as well as to the memo of appeal. The respondent will file proof
of service of the summons upon the appellant.
One week thereafter to the appellant to file rejoinder. List on 6th October, 2020 for consideration of the application for condonation of delay as well
as the appeal.
Parties are directed to contact the Registrar 48 hours before the date fixed to find out as to whether the hearing would take place through video
conferencing or through physical hearing.
The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a
certified copy of this order could be issued by the registry. In these circumstances, this order will be digitally signed by the Presiding Officer on behalf
of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally signed
copy sent by fax and/or email.