Debts Recovery Tribunals and Appellate Tribunals

M/S ANANT INDUSTRIAL SALES vs CORPORATION BANK on 28 August 2019

Cites 0, Cited by 0

Citations and Judicial Treatment

No citing decisions in the index yet

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…

DEBTS RECOVERY TRIBUNAL-I CHANDIGARH

MA 73 of 2019 Corporation Bank Vs. Anand Industrial Sales Corp. & Ors.

28.08.2019

Item No.88

Advocate: Sh. Sahil Khungar, Counsel for the Applicant.

This application has been filed by the Applicant/Defendant for setting aside the ex parte order dt.15.07.2019 and ex parte decree order dt.16.07.2019 on the grounds that inadvertantly the defendants had noted down date as 15.08.2019 instead of 15.07.2019. When the Applicant/Defendants came to Chandigarh on 12.08.2019 to engage a counsel, the counsel after checking the online status told that the matter had already been decided ex parte on 16.07.2019 and they were proceeded ex parte vide order dt.15.07.2019. The contention of the Applicant/Defendant is that the their absence was not intention but due to wrong noting of date and that they want to settle the account and prayed that the above order be recalled. I have heard counsel for the Applicant/Defendant and perused the record. Since the ground taken by the Applicant/Defendant is not sufficient, the plea of the Applicant/Defendant cannot be considered. It is their fault that they had noted down date wrong for which the Resp./Applicant cannot be put on hold to recover it dues. The other plea of the Applicants/Defendants that they are ready to pay the dues cannot bring them favour also as it appears that they are not sincere in repaying the dues. Perusal of the record shows that they had availed credit facilities in April 2014 and when they failed to maintain financial discipline their account was declared NPA on 27.11.2018. Since then they have not paid any dues. If they had intention to repay the dues they would have certainly approached the Authorised Officer of the Bank to settle the account. Now at this stage when already decree has been passed against them their contention that they are ready to pay seems nothing else but just to linger on the recovery process.

Moreover the facts lead to arrive at the conclusion that the Applicant is not only irresponsible but also not seriout towards the court notices. Mere reason of wrongly noting of the date is not sufficient to allow the application, the MA is dismissed.

File be consigned to record. (Harcharn Singh), Presiding Officr, DRT-I, Chandigarh 28.08.2019/cms

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead