Debts Recovery Tribunals and Appellate Tribunals
HDFC BANK vs PRAMOD KUMAR GUPTA on 23 September 2026
D. No.1931/2026
23.09.2026
The applicant bank has preferred the present Chamber Appeal seeking recall/set aside of the order dated 18.05.2026 passed by the learned Registrar, whereby the Original Application was declined registration. Along with the Chamber Appeal, the applicant has filed IA No.2736/2026 seeking condonation of delay of 13 days in preferring the appeal.
It is submitted by the applicant that the Registry has earlier indicated 11.08.2026 as the date for compliance. 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. It is stated that the learned counsel for the applicant came to know about the said order only on 15.06.2026. Immediately thereafter, the applicant applied for the certified copy of the order and upon obtaining the same, took step to prefer the present Chamber Appeal.
The explanation furnished for the delay appears to be bonafide and satisfactory. The applicant has specifically stated that the Counsel was under the impression that the matter was to be taken up for compliance on the date indicated by the Registry, whereas the order declining registration had already been passed on 18.05.2026 pursuant to the notice dated 07.05.2026. The applicant came to know of the impugned order on 15.06.2026 and thereafter took steps for obtaining the certified copy and filing the appeal.
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D. No.1931/2026
..Contd..
The delay of 13 days is neither inordinate nor deliberate. The applicant has also demonstrated that, after acquiring knowledge of the impugned order, it acted with reasonable promptitude. The explanation therefore constitutes sufficient cause for condonation of the delay.
Accordingly, the IA seeking condonation of 13 days is allowed. The delay in preferring the Chamber Appeal is condoned. The Registry is directed to number the Chamber Appeal.
Coming to the Chamber Appeal, the record indicates that the Registry had communicated 11.08.2026 as the date of compliance, whereas the impugned order declining registration was passed on 18.05.2026 pursuant to the notice dated 07.05.2026. In the circumstances, the applicant's contention that there was a bonafide misunderstanding regarding the date fixed for compliance requires consideration.
Since the consequences of the impugned order is denial of registration of the Original Application at the threshold, and having regard to the circumstances explained by the applicant, the matter deserves to be reconsidered after providing an opportunity to comply with the office objections.
Accordingly, the Chamber Appeal is allowed. The order dated 18.05.2026 passed by the learned Registrar declining to register the Original Application is set aside. The matter is remitted to the Registry for consideration of the office objections afresh. The applicant shall comply with all outstanding office objections within two weeks from the date of this order, failing which the Registry shall be at liberty to take appropriate action in accordance with law.
The Chamber Appeal and the connected IA stand disposed of accordingly.
Presiding Officer
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