Debts Recovery Tribunals and Appellate Tribunals
MRS APARNA BARIWAL AND ANR vs CENTRAL BANK OF INDIA on 4 August 2025
Exh-05
1
C. A. No. 01 of 2025
**DEBTS RECOVERY TRIBUNAL-II, AHMEDABAD
(PANJAK KUMAR UPADHYAY, PRESIDING OFFICER)**
**CHAMBER APPEAL NO.01 OF 2025**
**IN**
**DIARY NO.538 OF 2024 (MA)**
Date of Order :-04.08.2025
Aparna Bariwal & Anr.
** ...Appellants**
**Versus**
Central Bank of India
** ...Respondent**
**Appearance:**
Mr. Mangal Dev Bariwal, Party in person.
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**ORDER**
1. 1. The Appellants have filed the present Chamber Appeal against the order dated 16.11.2024 passed by Ld. Registrar declining registration of the proposed Misc.Application on account of failure of the Appellants to remove the objections raised by the Registry at the time of lodging the SA.
2. 2. I have heard Mr. Mangal Dev Bariwal, Party in person appearing for the Applicants, and perused the records.
3. 3. It appears that the Appellants sought to file Misc.Application on the ground that Respondent- Central Bank of India has not obeyed judgment and order dated 28.08.2023 passed by this Tribunal in SA No.97/2023. He further submitted that though more than 1 ½ years have lapsed, the Authorised Officer of the Respondent Bank
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has not released the property of Mrs. Aparna Bariwal and thus, has committed disobedience and contempt of the order passed by this Tribunal. ~~Being~~ <sup>Being</sup> aggrieved by the inaction and omission on part of the Authorised Officer of the Respondent Bank, the appellants have sought to file Misc.Application vide Diary No. 538/2024. However, Ld. Registrar raised objections at the time loading the said Misc.Application and passed impugned order dated 16.11.2024 declining registration of the said MA. The objections raised by Ld. Registrar on 10.07.2024 were to the effect that the appellants have not filed English translation on pg. No.10-11 filed along with proposed MA. It further appears that the matter was adjourned by Registry for the purpose of giving opportunity to the Appellants to remove objections to various dates i.e. 15.07.2024, 22.07.2024 and 29.07.2024. Ld. Registrar has observed in the impugned order that inspite of giving the said opportunities, the Appellants failed to file English translation of pg.10. Thus, the appellants have failed to rectify the defects and hence, he declined registration of the MA.
1. 4. Mr. Mangal Dev Bariwal, party in person, submitted that he has already filed English translation of pg.10 before Registry. On perusal of the documents filed along with memo of present Chamber Appeal, it appears that the appellants have filed translation of pg. No.10 and 11 as
3C. A. No. 01 of 2025
required by Registry. Therefore it becomes clear that the Appellants have removed the objections raised by Registry and has complied with the requirements of Registry. In these circumstances, this Tribunal is of the opinion that the present Chamber Appeal is deserves to be allowed. Hence, the following order is pass:-
**ORDER**
- ➤ The present Chamber Appeal is allowed.
- ➤ The order dated 16.11.2024 passed by Ld. Registrar is hereby quashed and set aside.
- ➤ The Registry is directed to register and number the MA lodged vide Diary No.538/2024.
Pronounced in open Court on 04<sup>th</sup> day of August, 2025.
(PANKAJ KUMAR UPADHYAY) Presiding Officer DRT-II, Ahmedabad
\*nishita\*