M/S Kataria Industries vs Debts Recovery Tribunal
2023 Latest Caselaw 2900 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (M/B) NO. 234 OF 2023

                          29TH SEPTEMBER, 2023

M/s Kataria Industries                                           .....Petitioner.
                                        Versus

Debts Recovery Tribunal, Dehradun & others ....Respondents.

Counsel for the Petitioner : Ms. Gurbani Singh, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition to assail the order dated 10.08.2022, passed by the

learned Presiding Officer, Debts Recovery Tribunal, Dehradun,

whereby the Securitization Application of the petitioner, being

SA No.51 of 2019, has been dismissed.

2. A perusal of the impugned order shows that the

said Securitization Application has been dismissed by the

Tribunal only on account of the fact that the said application

had been preferred through Special Attorney, and despite

orders from the Tribunal, the Principal/ applicant had failed to

appear before the Tribunal. The Tribunal has not gone into

the merits of the said application.

3. Learned counsel for the petitioner states that the

petitioner shall appear before the Tribunal, if given an

opportunity even at this stage.

4. We dispose of this petition by giving liberty to the

petitioner to move an application before the Tribunal to seek

recall of the order dated 10.08.2022, on the premise that the

petitioner/ applicant shall appear before it on the date fixed.

If such an application is moved, the Tribunal may consider

the same, and pass appropriate orders.

5. Since we have only permitted the petitioner to

move an application before the Tribunal, as aforesaid, we are

of the view that no prejudice would be caused to the

respondents, and therefore, we are not inclined to direct

issuance of notices to respondent nos.2 and 3. However, it

shall be the responsibility of the petitioner to communicate

this order to respondent nos.2 and 3 within two weeks

against acknowledgment.

6. The writ petition is disposed of in the aforesaid terms.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 29th September, 2023 NISHANT