PUNJAB AND SIND BANK vs Pawan Kumar on 2 February 2023

DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

MA/60/2021 PUNJAB AND SIND BANK Vs PAWAN KUMAR

02.02.2023 Item No.32

Present: Mr. Ashwani Sharma, Counsel for the Applicant.

Ld. Counsel for applicant bank seeks some more time for removing the defects raised by the registry.

Ld. Counsel for applicant bank submits that matter is under settlement with the defendants and likely to be settled shortly. I have perused the record. As per the objections raised by the registry the present MA is not maintainable. I have perused the record. By way of present MA, the applicant intends to recall the order dated 23.05.2017 passed by the Hon’ble Presiding Officer. The Order dated 23.05.2017; is not an ex parte order and hence, I am also of the considered view that the present MA is not maintainable. Either the applicant bank has to file a review application or an appeal against the said order. In my opinion, sufficient time has already been granted to the applicant bank to remove the defects. No further time can be granted. The Rule 5(4) of the DRT Procedure Rules reads as under:- “if the concerned applicant fails to rectify the defect within the time allowed in sub-rule (3), the Register may, by order and for reasons to be recorded in writing, decline to register the application.” Accordingly, the present MA is hereby declined to be registered being not maintainable. File be consigned to record room. Registry is directed that a copy of this order be sent to the concerned Branch Head as well as uploaded on the website of the Tribunal immediately.

(Niranjan Sharma) Assistant Registrar DRT-I, Chandigarh SB