Debts Recovery Tribunals and Appellate Tribunals

KRISHNA PAL SINGH vs PUNJAB NATIONAL BANK on 15 March 2024

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IN THE DEBTS RECOVERY TRIBUNAL LUCKNOW

Present: A.H. Khan, Presiding Officer

Dated of order 15.3.2024

M.A. No.69 of 2023

Present:-

<table border="1"><tr><td>Counsel for the applicant</td><td>Mr. Shahzad Ali</td></tr><tr><td>Counsel for the respondent-bank</td><td>Mr. Nitesh Kumar Tripathi</td></tr></table>

This case was heard on 27.02.2024 and after hearing the parties was reserved for order on recall application in compliance of order dated 07.02.2024 passed by the Hon'ble High Court in Writ-C No.3253 of 2024.

The applicant has filed this M.A. on 12.4.2023 against the ex-parte order dated 15.5.2018 passed by this tribunal in O.A. No.773/2017 "Punjab National Bank vs. Sri Krishan Pal Singh" and prays to restore the same. The applicants have stated that In reply to the M.A., the respondent-bank has filed its reply.

The respondent-bank raised objection on maintainability of M.A. stating that there is delay of 1761 days from the date of order/judgment dated 15.5.2018 passed by this tribunal. The bank had stated that applicant Shri Krishna Pal himself obtained the certified copy of order dated 15.5.2018 on 07.02.2023, but, even then, failed to file the M.A. within a period of 30 days. The respondent-bank had also stated that summon were duly served upon the applicant through registered post as well as by paper publication, but, despite sufficient service and proceedings of the bank, the applicant did not appeared before this tribunal to contest the case, hence, the case was proceeded ex-parte against them and there is no illegality in the ex-parte order dated 15.5.2018 passed by this tribunal in O.A. No.773/2017, therefore, the M.A. is barred by limitation and the applicants have failed to explain the delay occurred, hence, the M.A. is liable to be rejected.

From the perusal of record, it is reflected that after filing of the O.A. No.773/2017, this tribunal had sent registered notices to the applicants for appearance, thereafter, subsequent mode of service was made, by way of publication, but, the applicants did not appeared before to contest the case. In the entire Misc. Application, the applicants have not disputed the genuineness of his address. It appears that the applicants while filing this M.A., has given his address of village, but, failed to establish this fact that he ever provided this address to the bank to explain of service of notice. It is further seen from the M.A. that the applicants had failed to explain the service and date of knowledge of judgment dated 15.5.2018. For recall and restoration of order, the service of summon and date of knowledge is mandatory to be explained in the application for recall of order, but, the applicants have failed to explain the same. The applicants have obtained the certified copy of order from this tribunal on 07.02.2023, but, filed this M.A. on 12.4.2023 and this tribunal vide its order dated 15.5.2018 had passed an ex-parte order/judgment against the applicant and for the restoration of the same, after expiry of more than 30 days from the date of obtaining certified copy, thus, there is delay of more than 04 and half years, for which and the applicants have failed to explain the sufficient reason of delay, therefore, the present Misc. Application filed by the applicant is dismissed being barred by limitation and accordingly the M.A. is dismissed.

The order of Hon'ble High Court is complied.

Let M.A. be consigned to record.

(A.H. Khan) Presiding Officer

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