Hdfc Bank v. Rahul Jandu
Case brief
What is this about?
The Debts Recovery Tribunal allowed the bank's application for restoration of an original civil proceeding dismissed due to non-appearance caused by the counsel's administrative oversight in the cause list.
What did the court decide?
The Original Application no. 1193/2024 was restored and listed for hearing on the same day.
What the court decided
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 28
Case No.MA/1/2026 IN OA/1193/2024 HDFC BANK Vs RAHUL JANDU
Date: 06.01.2026.
Proceedings through hybrid mode Present:
Shri Vineet Sharma, Counsel for the Applicant
This Misc. application filed by the bank for restoration of the Original Application no. 1193/2024 titled as HDFC Bank vs. Rahul Jandu which was dismissed in default vide order dated 04.12.2025 on account of non-appearance of the applicant or his counsel.
Counsel for the applicant submits that due to an inadvertent oversight the previous day while preparing the cause list for the matters listed before the Tribunal for the following day, the counsel mistakenly omitted the instant matter listed at Item no. 80. It is submitted that in another matter listed at Item no. 84, the counsel duly argued before the Tribunal. Hence, he was unable to show his presence in the present matter before the Tribunal which was entirely due to a human error and was not meant to disrespect the Tribunal. Therefore, he prayed for restoration of the original application no. 1193/2024.
Heard arguments.
The prayer of restoration of the Original Application no. 1193/2024 stands allowed. Registry is directed to restore the Original Application and list the matter before the Tribunal today. Accordingly, Misc. application stands disposed of as allowed. File be consigned to record, as per rules. Copy of order be uploaded on website.
Issues for consideration
1 issue framed by the court
Whether a mistaking omission of a hearing in the cause list by the applicant's counsel is a sufficient ground for restoration of a defaulted application.
Parties & counsel
- applicant
HDFC Bank
- respondent
Rahul Jandu
Coram
Vimal Gupta
Case details
As recorded by the court registry
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