Debts Recovery Tribunals and Appellate Tribunals

Shiv Poly Pipes and Ors vs PUNJAB NATIONAL BANK on 19 January 2022

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DEBTS RECOVERY TRIBUNAL-I CHANDIGARH

NDN/1339/2019 SHIV POLY PIPES VS. PNB

19.01.2022 Item No.23

Present: None for the applicant.

This matter has been placed before me for the reason that the applicant/defendant has failed to remove the objections despite giving sufficient time. Record reveals that vide order dated 21.12.2021, the applicant was directed to remove the objections within 10 days positively, failing which necessary orders will be passed in accordance with law. Today none appeared on behalf of the applicant.

Record further reveals that this application has been filed by the applicant/defendant on 25.06.2019. The registry has raised the objections that neither the applicant has paginated the application nor supporting affidavit has been filed along with this application till date. As per the provisions of DRT Act, every application has to be accompanied by an affidavit. Almost two years have been passed but the defects have not been removed by the applicant till date. It seems that applicant/defendants have lost their interest in prosecuting the present application. 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 Registrar may, by order and for reasons to be recorded in writing, decline to register the application.” Since the applicant has failed to rectify the defects within reasonable time, I find no reason to register the present application and accordingly the registration of present application is hereby declined. File be consigned to record room. A copy of this order be uploaded on the website of the Tribunal immediately.

(Niranjan Sharma) Registrar (I/c) DRT-I, Chandigarh

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