Allowed

State Bank of India v. Ram Pandharinath Shelke

DRAT11 Feb 2025IA/98/2025

Case brief

AI extract

What is this about?

This order deals with five admiralty-related appeals filed by State Bank of India against DRT decisions dismissing applications under the Limitation Act. The court clarified that institutional delay is not a valid ground for condonation of delay. However, to ensure justice as valid mortgages existed, the appeals were treated on merits. Condonation orders were passed subject to the payment of costs

What did the court decide?

Applications for condonation of delay were allowed subject to payment of cost of ₹3,000 each for books and periodicals within two weeks. Appeals to be treated on merits.

State Bank of India versus Ram Pandharinath Shelke — Banking and Recovery | DRAT (2025)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

¶2

I.A. No. 13/2025 (CoD)
In
Appeal on Diary No. 392/2024
Between
State Bank of India … Appellant/s
V/s.
Bhimaro H Miratkar & Ors. …Respondent/s
AND
I.A. No. 96/2025 (CoD)
In
Appeal on Diary No. 401/2024
Between
… Appellant/s
State Bank of India
V/s.
Ramesh Rangnath Kirjat & Ors. …Respondent/s
AND
I.A. No. 97/2025(CoD)
In
Appeal on Diary No. 460/2024
Between
State Bank of India … Appellant/s
V/s.
Gendulal Natha Sarag …Respondent/s
AND
I.A. No. 15/2025(CoD)
In
Appeal on Diary No. 462/2024
Between

¶3

¶4

… Appellant/s

¶5

State Bank of India V/s.

¶6

Dhamodhar Bhikaji Bobade & Anr.

¶7

…Respondent/s

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AND

¶9

I.A. No. 98/2025(CoD) In Appeal on Diary No. 1104/2024 Between

¶10

State Bank of India … Appellant/s

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V/s.

¶12

Ram Pandharinath Shelke & Ors. …Respondent/s Mr Vivek S Sawant, Advocate for Appellant Bank.

¶13

-: Order dated: 11/02/2025:-

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The respondents, in these appeals, are served but none appeared. They are called absent and set ex-parte.

¶15

The appeals have been filed with delays ranging between 27 days to 202 days. The reasons stated for the delays are identical. The appellant is the State Bank of India. The fact that the delay was caused due to belated consideration by the department is no valid reason for condonation of delay relying upon the decision of the Hon’ble Supreme Court in Postmaster General & Ors. vs. Living Media India Ltd. Anr. (2012) 3 SCC 563 . Nevertheless, I find that there is some substance in these appeals because the Debts Recovery Tribunal, Aurangabad (DRT) had dismissed the O.As. stating that there is a delay in filing the applications considering the period of limitation is three years. As valid mortgages were allegedly created in each case, an opportunity has been granted to the appellant bank for consideration of the appeals on merits. The applications for condonation of delay are allowed subject to the payment of the cost of ₹3000/- each of the

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appeals within two weeks to the DRT Bar Association, Mumbai for the purchase of the books and periodicals.

¶18

List the matter before the Ld. Registrar on 27.02.2025.

Sd/-

Chairperson

mks-01 to 05

State Bank of India v. Ram Pandharinath Shelke

Case brief

What is this about?

What did the court decide?

State Bank of India v. Ram Pandharinath Shelke

Case brief

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