27wp511.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.511 of 2009 (M/s Shinde Rubber Industries and anr. vs. The Recovery Officer, DRT, Nagpur and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A. P. Bhangale, JJ. Date : 2/7/2009. Heard Mr. R. K. Thakkar, Adv. for petitioners, Mr.S.K.Sawai, Adv. for respondent no.2 and Mr.A.S.Lohiya, Adv. for respondent no.3. This petition is directed against the order dt. 30.1.2009 passed by the Debt Recovery Tribunal, Nagpur whereby the application of petitioner for condonation of delay in preferring the appeal came to be rejected. At the outset, we want to express our concern about the unwarranted remarks made by the Tribunal in the order about this Court well as the Apex Court and we expect the Tribunal to decide the matters purely according to the law declared by this Court as well as the Apex Court on the subject which is binding on the Tribunal. It is well settled that the issues are required to be 27wp511.09.sxw 2 . decided on merits of the matter and rights of the parties should not be allowed to diminish on the ground of technical formalities. It is also well settled that inordinate unexplained delay can be fatal in a given case. However, every delay by itself is not fatal to the case. In the instant case, delay is of 40 days and respondent no.3 also does not have any objection if the same is condoned. For the reasons stated hereinabove, we quash and set aside the order dt. 30.1.2009 passed by the Debt Recovery Tribunal, Nagpur. Delay in filing appeal is hereby condoned. The Appeal is restored to the file of the Debt Recovery Tribunal, Nagpur and the Tribunal is directed to proceed with the appeal in accordance with law and decide the same as early as possible, in any case not beyond the period of three months from the date of communication of this order. The petition is disposed of accordingly. JUDGE JUDGE jais