The Debts Recovery Tribunal allowed the applicant's application for restoration of SA No.487/2024, which had been dismissed in default, since the application was filed within two days of dismissal and the auction situation allowed restoration.
Air 5. MA/91/2025 allowed and disposed of; SA/487/2024 restored to original number.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
If
MA/91/2025 IN SA/487/2024 M/S CHUGH TRADING COMPANY Vs PUNJAB NATIONAL BANK
09.12.2025 Item No.121
Present : Mr. K.P.S. Dhillon, Counsel for the Applicant. Mr. Saurav Goyal, Counsel for respondent bank.
IN MA/91/2025
Heard on MA/91/2025 for restoration of SA No.487/2024 which was dismissed in default on 31.07.2025. The MA was moved on 02.08.2025. In the MA for restoration it has been alleged that SA was fixed up for 31.07.2025. The counsel for the applicant had made a call to the applicant but the applicant was busy in arranging the funds. The counsel was unable to appear on 31.07.2025 without instructions as the counsel had undertaken to give the statement as to how the applicant would make the payment of the remaining outstanding amount. Accordingly, SA was dismissed in default due to non-appearance. Though, many other facts have been alleged in the application, yet, I am of the considered view, that they are not relevant to dispose of the present MA.
In reply to the MA, it has been alleged that applicant has failed to show any sufficient cause for the restoration of MA. It has also been alleged that the applicant was afforded many opportunities to make the payment. Despite giving undertakings before this Tribunal in the earlier SA as well as before the Hon’ble High Court he failed to honor the same. Accordingly, no ground for restoration has made out.
I have heard Mr. K.P.S. Dhillon, Counsel for the applicant and Mr. Saurav Goyal, Counsel for respondent bank.
It is admitted on the record that SA was dismissed in default on 31.07.2025 on the ground that nobody has put in appearance on behalf of the applicant. The auction in this case had already taken place on 30.07.2025. Since, the application for restoration was moved within two days from the dismissal of the SA.
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
I am of the considered view, that this application should be allowed. Accordingly, the MA/91/2025 is hereby allowed and disposed of and SA/487/2024 is restored to its original number.
IN SA/487/2024
The SA No.487/2024 has been restored to its original number. Counsel for the appilcant states that case be fixed up for 10.12.2025 for filing application for amended of the SA. In SA, to come up on 10.12.2025.
(A$ #arang) PresidiNl Officer DRT-I, Chandigarh
2 issues framed by the court
Whether sufficient cause was shown for restoration of the suit dismissed in default.
Whether the application for restoration of the suit be allowed.
M/S CHUGH TRADING COMPANY
PUNJAB NATIONAL BANK
PresidiNl Officer
DRT-I, Chandigarh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
