Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs PUNJAB NATIONAL BANK on 31 August 2019
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DEBTS RECOVERY TRIBUNAL-I CHANDIGARH
MA 79 of 2019 in OA 207 of 2019
31.08.2019
Item No.87
Advocate: Sh. Manu Loona, Counsel for the Applicant/ Defendant.
This Application has been filed by Defendant for recalling/ setting aside ex parte order dt.05.08.2019 and decree/recovery certificate dt.06.08.2019 passed against the defendant.
The counsel for the Applicant/Defendant argued that the Counsel for the Applicant/Defendant had appeared on 27.05.2019 and had filed Vakalatnama. The Counsel for the Applicant/Defendant argued that there was strike by High Court Bar Association and the counsel being member of the Association did not attend the court in the impression that the work is suspended in DRT as well. When the counsel checked status on 18.08.2019, he found that the matter had already been decided on 06.08.2019 and his presence had been marked on 06.08.2019 wrongly.
Thus the counsel for the Applicant/Defendant prayed that the order dt.06.08.2019 be recalled and MA be allowed.
I have heard counsel for the Applicant/Defendant and perused the record.
It is not the case that the Applicant/Defendant did not know about the case having been filed against him but had due knowledge of date of hearing too. But the ground taken by the counsel that he was under impression that there is suspension of work in DRT as well because there was strike by High Court Bar Association, is not a sufficient ground to allow this MA, hence, the application is dismissed being devoid of merit.
File be consigned to record. (Harcharn Singh), Presiding Officer, DRT-I, Chandigarh 31.08.2019/cms