Uttarakhand High Court
National Bank vs Pvt. Ltd. And Others on 17 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6700
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGE'S ORDERS
No. directions and
Registrar's order
with Signatures
WPMS No.2246 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Shashank Saun, learned counsel
for the petitioner.
2. Mr. Ashish Joshi, learned counsel for
respondent No.1-PNB.
3. By means of this writ petition,
petitioner has challenged the orders dated
30.07.2024 (Annexure No.7) and
25.07.2024 (Annexure No.5), passed by
the Debts Recovery Tribunal, Dehradun in
Original Application No.492 of 2023 Punjab
National Bank Vs. Bazpur Stone Crushers
Pvt. Ltd. and Others, as well as issuance of
mandamus to respondent No.2-Debts
Recovery Tribunal, Dehradun to remove/
delete his name from the array of parties
of the aforesaid Original Application.
3. The brief facts of the case are that
respondent No.1-Punjab National Bank has
filed an Original Application No.492 of
2023 Punjab National Bank Vs. Bazpur
Stone Crushers Pvt. Ltd. and Others before
Debts Recovery Tribunal Dehradun for
recovery of an amount of
Rs.14,81,23,377/-. The case was fixed for
admission/denial of the documents
adduced by the parties, on 25.07.2024
before the learned Registrar Debts
Recovery Tribunal Dehradun, but, none
appeared on behalf of the petitioner/
opposite party and the case was reserved
for judgment by the Presiding Officer,
Debts Recovery Tribunal Dehradun on
30.07.2024. Thereafter, on 31.07.2024,
2024:UHC:6700
opposite party moved an application for
recalling the order dated 30.07.2024 and
to decide the case after hearing both the
parties. The said application remained
pending and as the case was already
reserved for judgment.
4. It is feeling aggrieved by the said
action on the part of the respondent No.2-
Debts Recovery Tribunal Dehradun,
petitioner is before this Court, by filing
present writ petition.
5. Since, the petitioner was a defaulter in
not attending the proceedings carefully, as
he was absent before the Registrar on
25.07.2024 and further, he was not
present before Debts Recovery Tribunal
Dehradun on 30.07.2024, therefore,
petitioner is very casual in his approach
while contesting such a huge matter before
the learned Debts Recovery Tribunal
Dehradun.
6. In this view of the matter, this Court
doesn't want to intervene into the matter
for two reasons. First, petitioner was very
callous and indifferent to proceedings by
not attending it twice and secondly, the
order is of 30.07.2024, when the judgment
was reserved and at this belated stage of
more than one and a half month, this
Court doesn't want to interfere in the
matter.
7. Accordingly, the writ petition is
dismissed in-limine.
(Pankaj Purohit, J.)
PREETI NEGI
17.09.2024
PN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.09.17 17:32:19 +05'30'
