ANAMIKA PRITESH PATEL THROUGH HER POWER OF ATTORNEY HOLDER DR HARISH SANABHAI PATEL vs PUNJAB NATIONAL BANK on 24 April 2024

**ORDER**

1. 1. The Appellant has filed the present Chamber Appeal against the order dated 01/01/2024 passed by Ld. Registrar declining registration of the proposed SA on account of failure of the Appellant to remove the objections raised by the Registry at the time of lodging the SA.

2. 2. I have heard Ld. Counsel for the Appellant and perused the record.

3. 3. It appears that the Appellants sought to file Securitization Application being aggrieved by the measures taken by the Respondent-Bank under provisions of the SARFAESI Act vide Diary No.1689/2023. However, Ld. Registrar raised objections at the time of lodging the said SA and passed impugned order dated 01/01/2024 declining registration of the SA. The objections raised by the Ld. Registrar were to the effect that the Appellant has not supplied translated copy of document of Gujarati version. It further appears that the matter was adjourned by the

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Registry for the purpose of giving opportunity to the Appellant to remove the objections to various dates, i.e., 03/10/2023, 27/10/2023, 28/11/2023 and 11/12/2023. Ld. Registrar has observed in the impugned order that in spite of giving the said opportunities, the Appellant failed to rectify the defect and hence, he declined registration of the SA.

1. 4. It is the case of the Appellant that the Appellant was not aware that the matter was listed for removal of objections and advocate for the Appellant neither remained present nor removed the objections. The Appellant was not informed by her Advocate that the translated copy was required to be submitted. Hence, the Appellant failed to comply with the requirement. According to the Appellant, the Appellant cannot be put to a disadvantage for non-compliance of direction by the Advocate. Therefore, the Appellant requested to quash and set aside the impugned order in the interest of justice.

2. 5. Considering the submissions of Ld. Counsel for the Appellant and perusing the order dated 01/01/2024 passed by Ld. Registrar, it appears that the SA was declined to be registered on account of non-compliance of supplying translation of relevant documents by Advocate for the Appellant.

3. 6. It is a settled legal position that a litigant should not be allowed to suffer on account of default on the part of his/her Advocate. In this context, it would be pertinent to note that the Hon'ble Apex Court has made following observations in the case of **Rafiq and another V/s. Munshi Lal and another, MANU/SC/0076/1981**:

*"The disturbing feature of the case is that under our present adversary legal system where the parties generally appear through their advocates, the obligation of the parties is to select his advocate,*

/

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*brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The party may be a villager or may belong to a rural area and may have no knowledge of the court's procedure. After engaging a lawyer, the party may remain supremely confident that the lawyer will look after his interest. At the time of the hearing of the appeal, the personal appearance of the party is not only not required but hardly useful. Therefore, the party having done everything in his power to effectively participate in the proceedings can rest assured that he has neither to go to the High Court to inquire as to what is happening in the High Court with regard to his appeal nor is he to act as a watchdog of the advocate that the latter appears in the matter when it is listed. It is no part of his job."*

7. On perusal of record and considering the submissions of Ld. Counsel for the Appellant it would be necessary to direct the Appellant to file translated copies of documents and remove office objections within a reasonable period. In these circumstances, I deem it proper to allow the present Chamber Appeal. Hence, I pass the following order:-

**ORDER**

- ➤ The present Chamber Appeal is allowed.

- ➤ The order dated 01/01/2024 passed by Ld. Registrar is hereby quashed and set aside.

- ➤ The Appellant is directed to file translated copies of relevant documents before Registry within a period of two weeks from today.

- ➤ The Registry is directed to register and number the SA upon receipt of translated copies of relevant documents.

Pronounced in open Court on 24^th day of April, 2024.

(Laxman Madnani) Presiding Officer DRT-II, Ahmedabad

\*ykb\*