C.W.P. No.13339 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13339 of 2011 Date of Decision.28.07.2011 Gurnam Singh Sewak s/o Shri Sant Ram r/o VPO Saneta, Tehsil & Dist. Mohali and another .....Petitioners Versus Presiding Officer, Debts Recovery Tribunal-I, Sector-8, Chandigarh and others .....Respondents Present: Mr. Umesh Narang, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The grievance of the petitioner is only that the appeal filed under Section 17 before the DRT came to be dismissed under peculiar circumstances when the counsel appearing for the party was elevated as the Presiding Officer and the date of hearing was not communicated. The petitioner expresses also difficulty by his inability to approach the appellate forum since the Presiding Officer before the Appellate Tribunal has since been superannuated and no officer has been posted yet. The urgency pleaded is that the property is set for sale on 02.08.2011. Learned counsel for the Bank, Sh. C.S. Pasricha is present and having regard to the peculiar circumstances when there is no Appellate Authority to make appropriate intervention, I am of the view that substantial justice would be done, if the order of dismissal passed by the DRT is recalled and the matter is placed before the DRT for C.W.P. No.13339 of 2011 -2- consideration of the appeal in accordance with law. 2. The order passed on 28.04.2011 by the DRT dismissing the appeal for default of appearance is set aside and the appeal stands restored and it will be disposed of by the DRT in accordance with law. 3. The parties shall appear before the DRT on 01.08.2011. 4. A copy of this order be given to the parties under the signature of Reader attached to this Court. (K. KANNAN) JUDGE July 28, 2011 Pankaj*