This order dismisses an application filed by Navtej Jit Singh to set aside an ex parte order, judgment, and decree in a debt recovery proceeding. The court rejected the claim of non-service of summons based on the track report showing valid service via post.
Application to set aside the ex parte order, judgment, and decree dismissed.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
MA/38/2022 KOTAK MAHINDRA BANK LIMITED Vs NAVTEJ JIT SINGH
16.01.2023 Item No.57
Present: Sh. Sandeep Verma, Counsel for the MA Applicant. Sh.Sukhvinder Singh, proxy for Sh.Mohit Sareen, Counsel for respondent bank.
Navtej Jit Singh (Applicant) has filed this application for setting aside ex parte order dated 20.05.2022 and judgment and decree dated 30.09.2022, against Kotak Mahindra Bank (Respondent).
Applicant has alleged that though he was served with the summonses but the person who served the copy of summons represented that signatures are required for some banking formalities and bank would extend the time for making the payment. Mr.Verma states that applicant was never furnished the copy of summons.
I have considered the contentions canvassed at the bar.
Admittedly, summonses were served by dasti; registered post. I have also perused the file of OA, wherein track report shows that summons was served upon the defendants. Applicant appears to be an educated person. I am of the considered view that no ground for allowing this application is made out and the same is hereby dismissed .
File be consigned to record room, after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
2 issues framed by the court
Whether the application to set aside the ex parte order and judgment/decree should be allowed.
Whether the alleged lack of receipt of summons copy constitutes valid grounds to set aside the impugned order.
KOTAK MAHINDRA BANK LIMITED
NAVTEJ JIT SINGH
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
