M/s Shiv Shakti Enterprises And Another vs Debt Recovery Tribunal Dehradun And Another

Manoj Kumar Gupta CJ

Heard learned counsel for the parties.

This writ petition has been filed praying for a direction to Debts Recovery Tribunal, Dehradun (respondent no.1 herein) to expedite the disposal of Review Application (R.A. No.6/23) filed by the petitioner seeking review of the main order passed on the Original Application of the respondent-bank.

Learned counsel for the petitioners has invited our attention towards an order dated 22.01.2025 whereby DRT heard the parties on the review application and reserved the order. He has also placed before us the order dated 21.04.2025 wherein it is recorded that the orders could not be delivered by the Presiding Officer as he remained busy in other judicial and administrative work.

Learned counsel for the respondent-bank submits that the petitioners are themselves seeking adjournments and were not present on various dates before the DRT. In support of his submission, he has placed before us order dated 14.04.2026/15.04.2026.

We have perused the said order and we find that the said order was passed stating that 14.04.2026 has been declared as holiday and, therefore, when the matter was taken up on the following date i.e. 15.04.2026, none of the parties were present.

In our opinion, since review application is still pending, therefore, it deserves to be decided.

Accordingly, we direct the DRT to decide the review application expeditiously preferably within three months from the date of communication of the instant order.

It is clarified that the direction aforesaid would not mean that we have expressed any opinion about the maintainability of the review application and, if any such question is raised before the DRT, the same shall be decided by DRT on its merits.

The writ petition stands disposed of accordingly.

Pending application, if any, also stands disposed of.