Debts Recovery Tribunals and Appellate Tribunals
HDFC BANK vs CHETAN SHARMA on 17 September 2026
D.NO.1946/2026
17.09.2026
The present Chamber Appeal is filed seeking recall of the order dated 18.05.2026 passed by the learned Registrar, whereby the original Application was declined to be registered. There is a delay of 13 days in preferring the present Chamber Appeal. The appellant has filed an IA seeking condonation of the said delay.
Heard the learned counsel for the appellant and perused the applications. The appellant has explained the delay of 13 days in preferring the Chamber Appeal. The delay is relatively short and having regard to the nature of the dispute and the fact that the appeal raises a grievance regarding denial of an opportunity to comply with the office objections, I am of the view that the delay deserves to be condoned in the interest of substantial justice.
Accordingly, the IA No.2710/2026 seeking condonation of delay is allowed and the delay of 13 days in preferring the Chamber Appeal is condoned.
Register the Chamber Appeal. Coming to the Chamber Appeal, it is submitted that the Registry had granted time up to 06.07.2026 for compliance of the office objections. However, pursuant to the notice dated 07.05.2026, the learned Registrar passed the impugned order dated 18.05.2026 declining to register the original Application, without affording an opportunity of hearing to the applicant or its counsel and before the date granted for compliance.
On perusal of the material placed on record, it appears that the applicant had been granted time up to 06.07.2026 for compliance of the office objections. In such circumstances, passing the order declining registration on 18.05.2026, before expiry of the time granted, without affording a further opportunity to the applicant to comply with the objections, cannot be sustained.
In the circumstances, in order to advance substantial justice and to afford a
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D. No.1946/2026
..Contd..
reasonable opportunity to the applicant to cure the office objections, the impugned order dated 18.05.2026 is liable to be recalled.
Accordingly, the Chamber Appeal is allowed. The order dated 18.05.2026 passed by the learned Registrar declining registration of the. Original Application is recalled and set aside. The matter is remitted to the Registry for consideration of the office objections afresh. The applicant shall comply with the office objections within the time granted by the Registry, whereupon the Original Application shall be considered for registration in accordance with law.
In view of the circumstances explained above, no costs are imposed IA for condonation of delay stands allowed. Chamber Appeal stands allowed accordingly.
Presiding Officer
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