Debts Recovery Tribunals and Appellate Tribunals
Cherab Jain vs Punjab National Bank on 17 August 2026
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**ORDER-SHEET** Page No. ....
**DEBTS RECOVERY TRIBUNAL, DEHRADUN**
**Appeal No. 02 of 2023**
**Cherab Jain Vs. Punjab National Bank &Anr.**
**Date: 17.08.2026**
Item No.08
Present: Sh. Vijay Uniyal, Ld. Counsel for the Appellant Sh. Swaran Singh, Ld. Counsel for Respondent Bank Sh. Ashish Patel, Ld. Nodal Officer for Respondent Bank Called out, Ld. Counsel for parties present. Ld. Nodal Officer for Respondent Bank present.
The Appellant has submitted a transaction detail of amount of fee of Rs.29,800/- by diary No.6279 dated 13.08.2026 as deficient fee which was deposited in compliance of order dated 05.08.2026. But the Appellant has failed in compliance of Section 30-A of RDB Act 1993 in relation to order dated 05.08.2026. Partly compliance has not provided any relief to the Appellant, in the light of provisions of RDB Act Section 30-A. Section 30-A says as under:
*"Where an appeal is preferred against any order of the Recovery Officer, under Section 30, by any person from whom the amount of debt is due to a bank or financial institution or consortium of banks or financial institutions, such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal fifty per cent of the amount of debt due as determined by the Tribunal".*
The Appellant has also approached this Tribunal in appeal in relation to action taken by Ld. Recovery Officer against the property in question, mortgaged by the debt holder/seller of the appellant before sale deed executed by the debt holder, in favour of appellant, after execution of mortgaged deed in favour of respondent bank/certificate holder.
It is clear from the above that the appellant has entered in the shoe of mortgagor/debt holder and liable to discharge liability as mortgagor/debt holder.
In the light of above, Section 30-A shall be read in the light of Section 30 of the RDB Act. As per Section 30 of RDB Act, any **ORDER-SHEET** Page No. ....
**DEBTS RECOVERY TRIBUNAL, DEHRADUN**
**Appeal No. 02 of 2023**
**Cherab Jain Vs. Punjab National Bank &Anr.**
person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal.
After considering circumstances of the case in hand and provisions of Section 30 and 30-A of the RDDB Act with principle laid down by Hon'ble High Court of Rajasthan at Jaipur Bench, there is no discretion to the Tribunal in absence of compliance of Section 30-A of RDDB Act, the Tribunal may entertain the Appeal against order passed by Ld. Recovery Officer.
Hence order dated 05.08.2026 is effective in relation compliance of Section 30-A of the RDDB Act and in case of non-compliance this appeal is not entertainable.
Tribunal has already passed order that the appeal shall be treated as dismissed in case of non-compliance of mandatory provisions for filing appeal under Section 30 of the RDDB Act. Hence dismissed.
Record be consigned to Record Room in the light of above.
If the appellant is not satisfied by this order may approach Hon'ble Debts Recovery Appellate Tribunal, Allahabad in Appeal.
(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun
17.8.2026