Union Bank of India v. Smt Peddu Mallika

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

DY No./415/2019, Date. 22/12/2022

Union Bank of India………………. Appellant

V/s.

Smt. PedduMallika&Ors……………….. Respondents

None appears for Appellant and Respondents both.

An application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was filed by Ld. Advocate, Mr. Ramesh Chandra Prusti on 06/12/2019, on behalf of appellant against the order dated 04/11/2019 passed in I.A. No. 2203 of 2019 in S.A. No.265 of 2019 in DRTVisakhapatnam.

Accordinglysummons upon respondents were been issued as on 18/02/2020 and affidavit of service was filed on 10.08.2022 by the Ld. Counsel for appellant. On verification the affidavit of service it was observed that summons were not been served effectively upon respondent no.2,3,6,7,8& 9. Hence Ld. Counsel for appellant was directed to serve again upon respondent no.2,3,6,7,8& 9 and file affidavit of service. But as per the prayer of Ld. Counsel, Mr. Ramesh Chandra Prusti for substituted service through newspaper publication upon respondent no.2,3,6,7,8& 9 wasdirected on the next date of listing i.e. on 05.05.2022. Then again on 24.08.2022, Ld. Counsel, Mr. Ramesh Chandra Prusti prays to file affidavit of service for newspaper publication after completion of amendment in bank’s name. Amendment in bank’s name was carried out by the Ld. Counsel on 21.09.2022 as per office order no.23 of 2022 dated 14.06.2022 passed by the Hon’ble Chairperson.After the amendment Ld. Counsel was again directed for service of summons upon respondent no.2,3,6,7,8& 9 by way of newspaper publication one in English and one in vernacular language and file affidavit of service.