Debts Recovery Tribunals and Appellate Tribunals
Edelweiss Asset Reconstruction Company Limited vs MS PS ENTERPRICES THROUGH on 29 June 2026
**Date: 29.06.2026**
Serial No.30
Present: Ms. Usha Singh, Ld. Counsel for Applicant F.I. (through VC)
Called out, Ld. Counsel for Applicant F.I. through VC present.
This Chamber Appeal has been filed by the Applicant F.I. on 26.12.2025 against the order of Ld. Registrar dated 30.06.2025 passed in Original Application diary no.253 of 2025 whereby Ld. Registrar declined to register the Original application.
The facts of the case are as under:
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1. 1. The Appellant has filed the Original Application vide diary no. 253/2025 for the recovery of an amount aggregating to a sum of Rs.5,01,16,865.85/- [Rupees Five Crore One Lakh Sixteen Thousand Eight Hundred Sixty Five and Paise Eighty Five Only] due and outstanding including interest calculated upto 28.01.2025 along with pendent lite and future interest agreed/applicable rate of interest, incidental costs, charges expenses etc.
2. 2. That after filling the O.A, the registry of Tribunal vide order 11/04/2025 raised some objections such as: Respondent no.2 and 3 are not added as additional party on e-Drt portal. Documents are not certified as the true. Case file not uploaded on e-Drt portal. Banker book evidence not signed by authorized officer. Total of all accounts calculated sheet not enclosed.
3. 3. Thereafter, the matter was posted for removal of objections on 28/04/2025. That on 28/04/2025, the A.R of the Appellant due to some personal exigency, could not share the signed Banker Book Evidence, hence the Proxy Counsel Ms Zainab appeared before the Ld. Registrar and sought more time to remove the said objections. Accordingly, matter was adjourned for 20/05/2025, the counsel for the Appellant could not appeared physical before the Ld. Registrar due to the reason that her urgent matters were listed before the Hon'ble Supreme Court of India and the Hon'ble Delhi High Court. However, the Proxy counsel/Ms. Zainab for the Appellant's Counsel appeared on 20/05/2025 before the Ld. Registrar and showed her intention to remove the objections. Since, the proxy counsel had no vakalatnama signed in her name, hence she was not allowed to remove the objection. However, on her request that the main counsel of the Appellant will appear physically on 05/06/2025, the O.A was adjourned for 05/06/2025. The Counsel/Ms. Usha Singh for the Appellant physically appeared before the Ld. Registrar on 05/06/2025 and removed the objections with regards to documents are certified as true copy and total of all accounts calculation sheet was provided. Since, other objections were to be removed through e-Drt portal, the counsel for the Appellant sought time to remove the same. On request of the counsel for the Appellant, the matter was adjourned for 19/06/2025. That on 19/06/2025, the Ld. Proxy Counsel Ms. Zainab for the Appellant appeared before the Ld. Registrar and apprised that the objections with regards to the Respondent no.2 and 3 being additional party and case file not uploaded on e-drt portal, are removed by the counsel for the Appellant and the same can be checked on e-Drt portal. It is submitted that the Ld. Proxy Counsel also submitted that the signed Banker book evidence will be filed physically on next date of hearing. Accordingly, the O.A was adjourned for 30/06/2025. That on 30/06/2025, the matter was called and the Proxy counsel/Ms. Zainab for the main counsel of the Appellant appeared before the Ld. Registrar and submitted that all the objections raised by the Registry in the O.A has been removed except filling of signed banker book evidence's certificate and the same will be filed within 7 days and further requested to list the Matter before the Hon'ble Presiding officer after 7 days.
4. It is submitted that on 01/07/2025, the Counsel for the Appellant received signed certificate of Banker Books Evidence from the A.R of the Appellant and was in process of filling the same online. However, on 01/07/2025 the counsel for the Appellant was shocked to know through website about the order dated 30.06.2025 vide which the Ld. Registrar was pleased to decline the O.A to register on the ground of non- removal of defects.
1. 5. It is submitted that non-appearance of the Appellant/Assignee in the O.A was neither intentional nor deliberate and the huge public money is involved in the matter and the Appellant/Assignee shall suffer irreparable loss if the O.A is not restore back in its original number.
2. 6. That no prejudice shall be caused to the defendants rather the Applicant ARC shall suffer irreparable loss and injury which cannot be compensated in terms of money, if the present OA is not restored.
Heard Ld. Counsel for the Applicant ARC and perused the Original Application.
After considering the facts and circumstances of this matter and arguments advanced by the Ld. Counsel for Applicant the Tribunal is of opinion that this Chamber Appeal is liable to be allowed. Hence allowed.
Chamber Appeal No. 01 of 2026 is disposed of accordingly.
Let the Original Application be restored to its original number and the Applicant ARC may cure defects, if any, within fifteen days of this order in Original Application from the date of this order.
Put up before Ld. Registrar on **05.08.2026**
(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun