This order dismissed a review application under Rule 5(A) of the DRB Rules as beyond limitation. The Tribunal held that the 30-day period expired and noted the applicant failed to demonstrate why the application was timely.
The review application was dismissed as being beyond the period of limitation.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
RA/5/2022 PATIALA PLACE Vs PUNJAB AND SIND BANK
12.09.2023 Item No.74
Present: Ms. Tanu Sidhu, proxy Counsel for Sh. Rohit Suri, Counsel for the Applicant. Sh. Arpit Chawla, Counsel for respondent bank.
This order will dispose of the application for review under Rule 5(A) under the Debts Recovery Tribunal (Procedure) Rules, 1993, M/s Patiala Palace and another had filed SA No.91/2020, which was dismissed by this Tribunal on 15.03.2021 by passing the following order:-
Ld. Counsel for the respondent submitted that they have filed reply to IA No.215/21 which was filed by the applicant with a prayer to pass an order to restrain the bank from confirming the sale and issued the sale certificate in favour of the Auction Purchaser.
Along with the reply to this SA and copy of e-mail dated 28.01.2021, addressed to the SA applicant is enclosed, copy of sale certificate dated 05.03.2021 and copy of possession handed over on 09.03.2021 is filed. The documents filed along with this IA are taken on record.
None appeared on behalf of the applicant, and sale has already been confirmed, possession has been handed over to the successful Auction Purchaser, therefore nothing remains to adjudicate in this SA. Accordingly the SA disposed of as dismissed.
On 02.04.2022, applicants filed the present Review Application with the averments that there is an error apparent on the face of the record in the order dated 15.03.2021. Bank has filed reply to the Review Application wherein, it is stated that the application is beyond limitation.
I have heard, Ms. Tanu Sidhu, Counsel for the applicant and Mr. Arpit Chawla, Counsel for respondent bank.
As per rule 5(A), of the DRB Rules, the period of limitation for filing review application is 30 days from the date of the order. Admittedly the application for review was filed later on 02.04.2022.
Accordingly, the application is beyond limitation. Applicant in the impugned application have not mentioned as to how their application is within time. In para No.17, it is only stated that the petition is within time as per Section 19(21) of the RDB Act. Since the application is beyond time, the same is hereby dismissed. File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
Pronounced in open Court PANKAJ/12.09.2023.
2 issues framed by the court
Whether the review application filed under Rule 5(A) of the DRB Rules was within the statutory period of limitation.
Whether Section 19(21) of the RDB Act could extend the time limit for filing a review application.
2 provisions across 2 enactments
M/s Patiala Palace and another
Punjab and Sind Bank
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
