DRAT dismisses IDFC First Bank's Appeal in Default Due to Non-Representation [Read Order]
The Tribunal ordered that the file be consigned to the record room, bringing the proceedings to a conclusion without adjudication on the merits of the case
DRAT
DRAT
The Debt Recovery Appellate Tribunal (DRAT), Delhi, has dismissed an appeal filed by IDFC First Bank Limited in default due to the absence of the bank's representation during the hearing. The appeal arose from Original Application No. 668/2024 pending before the Debt Recovery Tribunal-III, Chandigarh.
The case involved IDFC First Bank as the appellant and Anupam Shawls (through its partners Mr. Amit Jain and Mr. Tarun Jain), along with the individual partners as respondents. When the matter was taken up in the revised list on September 16, 2025, no one appeared on behalf of the appellant bank.
Justice Anil Kumar Srivastava, Chairperson of the Tribunal, noted the absence of the appellant's representation and proceeded to dismiss the appeal in default. The Tribunal ordered that the file be consigned to the record room, bringing the proceedings to a conclusion without adjudication on the merits of the case.
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A similar disposal was made in case of State Bank of India v. M/s. Steelage Industries ltd in appeal No. 42/2024 by Kolkata DRAT, in the case of Punjab National Bank v. M/s. Garg Furnishers Pvt. Ltd. by Delhi DRAT, in Canara Bank v. M/s. Ajanta Pharma Ltd. by DRAT Mumbai etc. Many famous banks had challenged the DRT order before the appellate tribunal, and non-appearance led to the dismissal of the case.
DRAT dismisses appeals in default under Rule 13 of the Debt Recovery Appellate Tribunal Rules, 2023, which states: "If the appellant does not appear when the appeal is called for hearing, the Appellate Tribunal may dismiss the appeal in default or decide it on merits."
By the dismissal in default, the DRT’s order becomes unchallengeable, and it may not examine substantive legal issues. The appellants may seek recall of the dismissal order under Order XX Rule 10 CPC , if they prove sufficient cause for absence.
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