DEBT RECOVERY APPELLATE TRIBUNAL-MUMBAI (SITTING AT -CHENNAI) I.A. No. 735/2025(CoD)

In Misc. Application Dy. No. 1848/2025(Restoration)

In (Misc. Appeal Dy. No. 613/2025-Dismissed)

Dated: 16.12.2025 I.A. No. 735/2025 is filed for condoning the delay of 6 days in filing the Restoration Application in M.A. Diary No.

1848/2025.

Learned Counsel for Petitioners/Appellants submitted that this Tribunal passed a conditional order in the Waiver Application on 24.04.2025. Against the order, Respondent Bank filed Special Civil Application No. 7135/2025 before the Hon'ble High Court of Gujarat. On 28.04.2025, the Waiver Application was dismissed for non-compliance.

Therefore, Special Civil Application No. 7135/2025 was rejected as infructuous on 23.09.2025. Petitioners/Appellants also filed Special Civil Application No. 13870/2025 against the order passed in the Waiver Application. That Application was disposed on

07.11.2025, giving liberty to the Petitioners/Appellants to raise all the contentions before the DRAT. Thereafter, on

10.11.2025, the M.A. Diary No. 1848/2025 is filed for restoration of Misc. Appeal Diary No. 613/2025, which was dismissed for non-compliance of pre-deposit.

In reply, Learned Counsel for the Respondent submitted that the delay cannot be condoned. The Application for restoration is not maintainable for the reason that it is like reviewing the order passed dismissing the Appeal. Review, if any, has to be filed within 30 days from the date of the order, as per Rule 6(A) of DRAT (Procedure) Rules, 1994 and that there is no provision for extending the limitation.

Thus, he opposes the restoration application.

Considered the rival submissions and perused the records.

The fact of passing the order in the Waiver Application for non-compliance and consequent dismissal of the Appeal in Misc. Appeal Diary No. 631/2025 for non-compliance are not disputed. Admittedly, both the Bank and the Petitioners/Appellants filed Special Civil Applications against the order passed in the Waiver Application. The Special Civil Application filed by the Bank got disposed as infructuous and in the Special Civil Application filed by the Petitioners/Appellants, there is a direction to approach this Tribunal for an appropriate remedy. Accordingly, this Application is filed. Submission of the learned counsel for the respondent that the restoration application is like a review application cannot be accepted. Considering that fact that this application was filed within three days of the order passed by Hon'ble High Court on 07.11.2025, the delay, if any, in filing this application can be condoned.

Therefore, this Application, i.e., I.A. No. 735/2025 filed for condonation of delay is allowed.

Registry, DRAT, Mumbai, is directed to number the M.А.

Diary 1848/2025 filed for restoration of the Appeal.

List the case on 20.01.2026 before Registrar for further proceedings.

Interim order already granted, if any, is extended till the next hearing date.

CHAIRPERSON, DRAT, CHENNAI (IN-CHARGE, DRAT, MUMBAI)

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