Allowed

State Bank of India v. Shri Ganesh Agencies

DRT13 Jul 2022MA/51/2022

Case brief

AI extract

What is this about?

The DRT allowed a miscellaneous application for restoration of an original application dismissed in default. The proceedings were restored to the position on July 13, 2022, and fresh notices were directed for future listing.

What did the court decide?

Miscellaneous Application No.51/2022 was allowed; Original Application No.237/2016 was restored; proceedings restored to position on July 13, 2022; fresh notices directed.

State Bank of India versus Shri Ganesh Agencies — Execution and Attachment | DRT (2022)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET

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	13.07. Sr. No	2022 .26 MA No. 51/2022
Classifi cation	No. of Exh.
		MISCELLANEOUS APPLICATION NO. 51/2022 State Bank of India ..Applicant Versus Shri Ganesh Agencies through Proprietor Prakash Subhash Sharma & others ..Respondents Mrs. Archana Karadkhedkar– Advocate for the applicant None for the Respondents. Due to Covid 19 situation the matter is taken through Video Conference. 1. The applicant has filed present Miscellaneous Application No.51/2022 for restoration of Original Application No.237/2016 which was dismissed in default for non- prosecution vide order dated 05^thMay, 2022. 2. The counsel for the applicant submitted that the matter is not listed since long on the board for hearing. The advocate who is appearing in this matter has also stopped working for the applicant bank due to which the matter was dismissed.
		3. It has been also submitted by the counsel for the applicant that the bank came to know about the dismissal of the Original Application No.237/2016 on 05^thMay, 2022 the applicant bank has immediately collected the copy of the original application from the previous advocate and re- allotted this matter to her. Thereafter she has immediately applied for the certified copy of the order of this Hon’ble

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[SBJ] (MA No.51/2022) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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Tribunal and filed this Misc. Application for restoration of the Original Application No.237/2016.

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Heard the learned counsel for the applicant-bank and in the interest of natural justice, I pass the following order through video conferencing:

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ORDER

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A. The Miscellaneous Application No.51/2022 is hereby allowed and the Original Application No.237/2016 is hereby restored.

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B. The entire proceeding of Original Application No.237/2016 is hereby restored to its original position on 13^th July, 2022.

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C. The Registrar is directed to issue fresh notices in the Original Application No.237/2016 and list the date for appearance of the defendants before him on 14^th November, 2022.

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D. No order as to costs. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ] (MA No.51/2022) Page 2 of 2

State Bank of India v. Shri Ganesh Agencies

Case brief

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State Bank of India v. Shri Ganesh Agencies

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