Debts Recovery Tribunals and Appellate Tribunals
ICICI BANK LIMITED vs PRADEEP KUMAR on 19 July 2019
Debts Recovery Tribunal-III, Delhi
Chamber Appeal No. 48/2019
In
(OA filed vide diary no 763 dated 27.10.2016)
ICICI Bank Ltd. Vs. Pradeep Kumar Pandey & Ors.
Date : 19.07.2019
Present :
Sh. Punit K. Bhalla counsel for applicant bank.
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1. The present chamber appeal has been filed by the applicant bank praying therein to allow the present chamber appeal and set aside the order dated 13.01.2017 passed by the Registrar and allow the applicant bank to remove the objections and further direct the Registry to register the present OA after removal of objections. The applicant bank has also filed an application being IA No. 949/2019 praying therein to condone the delay in filing the chamber appeal.
2. Record reveal that vide order dated 28.12.2016 of the Ld. Registrar of this Tribunal directed the applicant bank to rectify the defects of the OA by 12.01.2017, failing which registration was to be declined.
3. Ld counsel for the applicant bank submits that he may be permitted to remove the objections, if any, and also undertakes to remove the objection by the next date of hearing.
4. Heard and the record has been perused thoroughly. Apparently, the present original application was filed on 27.10.2016 i.e. more than 33 months back and the Registry of this Tribunal has raised certain objections which were required to be removed by 12.01.2017, but the same have not been removed by the applicant bank within the stipulated period. Apparently, the present chamber appeal has been filed on 15.05.2017 i.e. almost 7 months after filling the present original application and such conduct of the applicant bank is not striking to judicial conscious of this Tribunal, as the objections have not been cleared for such a long time.
5. However, Ld. counsel for the applicant bank submitted that for the inadvertence on the part of the advocate, the applicant bank may not be allowed to suffer with the public money, for which, it is a custodian. Accordingly, he has prayed for allowing the present chamber appeal. Taking note of the fact that Ld. counsel for the applicant bank stated that he could not remove the defects due to inadvertent mistake and in the present matter the public money is involved, therefore, in the interest of justice, this Chamber Appeal is hereby allowed subject to payment of cost of Rs. 20,000/- to be paid by the applicant bank in favour of Prime Minister’s Relief Fund. I hereby grant last opportunity to the applicant bank to remove the objections by the next date of hearing; failing which, the present original application shall not be entertained by this Tribunal.
6. With the above observation, the present chamber appeal alongwith I.A. no. 949 of 2019 stands disposed of.
7. List this case before the Registrar on 03.09.2019 for removing the objections by the applicant bank.
(DHARMINDER SINGH) PRESIDING OFFICER, DRT-III, DELHI