Debts Recovery Tribunals and Appellate Tribunals
M/s Dev Raj Institute Of Managments & Technology Society vs Punjab National Bank on 9 February 2022
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
DEBTS RECOVERY TRIBUNAL-I CHANDIGARH
NDN/81/2019 M/S DEV RAJ INSTITUTE OF MANAGEMENT & TECHNOLOGY SOCIETY VS. PUNJAB NATIONAL BANK
09.02.2022 Item No.24
Present: None for the Applicant.
None has appeared on behalf of the applicant/defendant, despite repeated calls. Record reveals that on the last date i.e. 17.01.2022, Ld. Counsel for the applicant/defendant appeared and seeks a week’s time to inspect the case file and removing the objections.
The present application has been filed by the applicant/defendant on 22.01.2019 vide diary No.873 for recalling the decree dated 18.10.2018. Record further reveals that the registry has raised objections on 24.01.2019 that neither copy of index nor copy of order dated 18.10.2018 is annexed with the application and registry has given 15 days time to the applicant/defendant to remove the same. The said objections have not been removed till date. The registry has placed the matter before the undersigned on 28.12.2021, thereafter, the Ld. Counsel for the applicant/defendant appeared on 17.01.2022 and seeks time for removing the defects.
I have gone through the application. Admittedly, neither the index nor copy of order dated 18.10.2018 for recalling of which order, the present application has been filed. Even no supporting affidavit has been filed with the present application. The law is well settled that each and every application to be filed has to be supported with an affidavit sworn by the competent person. Even nowhere in the present application it has been stated that in which provisions this application has been filed. The conduct of the applicant/defendant itself shows that the present application has been filed on 22.01.2019 i.e. more than three years back, but during these three years, they have not taken any steps to remove the defects, so that matter be listed before Hon’ble Presiding Officer for further consideration. Since, the applicant/defendant has failed to remove the defects for the last more than three years; it seems that applicant has lost his 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.
(Ajay Kumar Puri) Registrar DRT-I, Chandigarh