Debts Recovery Tribunals and Appellate Tribunals
Lucid Prints vs CANARA BANK on 29 May 2024
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<table border="1"><thead><tr><th data-bbox="135 61 258 108">29.05.2024</th><th data-bbox="258 61 785 108"><u>Roznama-MDRT-III</u><br/><u>Chamber Appeal No. 3 of 2024</u></th><th data-bbox="785 61 916 108">Next date</th></tr></thead><tbody><tr><td data-bbox="135 108 258 885"></td><td data-bbox="258 108 785 885"><p>Advocate Mr. Manoj Harit for the Applicant.</p><p>Counsel for the Applicant submits that due to inadvertent mistake on the part of the Junior Advocate, the office objections remained to be complied with, however, it is pertinent to note that the captioned S.A. did not get listed even once before the Ld. Registrar. The same is in violation of Rule 5(3) of the Debts Recovery Tribunal (Procedure) Rules, 1993. Nevertheless, the Advocate on record undertakes to comply with the objections within the time granted by this Tribunal without fail. Thus, for the aforesaid reasons, the Applicant prayed that present Appeal ought to be allowed and the S.A. be registered.</p><p>This Tribunal has given thorough consideration to the arguments advanced by the counsel for the Appellant.</p><p>Though, the S.A. was filed by the Applicant on 23.11.2023 and deficiencies pointed out by the Office of the Registrar in the knowledge, but the Applicant did not clear those deficiencies, but at the same time, the fact cannot be ignored</p></td><td data-bbox="785 108 916 885"></td></tr></tbody></table>
29.05.2024 Chamber Appeal No. 3 of 2024
that it was the duty of the Registrar to give a particular time-frame to the Applicant for removal of deficiencies. So, compliance of the Rule 5(3) of the Debts Recovery Tribunal (Procedure) Rules, 1993 is not there. Hence, Order dt.21.05.2024 passed by the Ld. Registrar is hereby set aside and accordingly, Chamber Appeal is allowed.
The Applicant is granted 2 days' time to remove the defects/deficiencies as pointed out by the Registry and thereafter, the S.A. be registered. It is made clear that in case the Applicant fails to remove the defects/deficiencies within 2 days' from today, then the Order dt.21.05.2024 passed by the Ld. Registrar shall remain final.
Case File of Chamber Appeal No.3 of 2024 be tagged with the newly registered Securitisation Application.
P.O.
DRT-III
**Closed**
Typed by - S.S. Dhawale, P.S.