The Debts Recovery Tribunal dismissed a motion to set aside an ex parte order in OA no. 316/2025. The court held that the applicant, via counsel, deliberately chose not to appear after prior instructions, and thus the motion was time-barred and on grounds of deliberate non-appearance.
Motion to set aside ex parte order dismissed; all pending IAs disposed off.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 35
Case No.MA/6/2026 IN OA/316/2025
PRABHU DAYAL SAARAN Vs HDFC BANK
Date: 07.02.2026. Proceedings through hybrid mode Present:
Shri Ayush Kumar Jain, Counsel for the Applicant
Shri Vineet Sharma, Counsel for the Respondent Bank/FI
This MA is filed for setting aside the ex parte order in OA no. 316/2025. Counsel for the MA applicant submits that on 17.12.2025, when the SA applicant came to their office, then they had informed to him about passing of the final order in the OA.
When the OA and SA both were listed on 25.07.2025, counsel for the applicant was directed by this Tribunal to seek instructions for appearance in OA and after contacting the client, he submitted that they have no instructions to appear in this matter.
The Tribunal is of the opinion that the applicant was well aware of the proceedings and deliberately chose not to appear and given no instructions to the counsel in OA who was appearing in SA.
Therefore, this MA cannot be entertained on the ground of limitation also on the ground of non-appearance, when contacted by their counsel in SA. Accordingly, MA stands dismissed, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
cm
2 issues framed by the court
Whether a motion to set aside an ex parte order can be entertained when the applicant deliberately chose not to appear after being instructed by counsel.
Whether the applicant's delay in seeking condonation of delay for the motion constitutes a bar.
PRABHU DAYAL SAARAN
HDFC BANK
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
