The DRT allowed an application for restoration of a dismissed original application. The registry was directed to restore the file, and fresh summons were to be served manually by the bank's authorized officer.
Miscellaneous Application No.22/2023 allowed; Original Application No.621/2019 restored; fresh summons to be served by hand by the bank.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
13.04.2023
Sr. No.50 MA No.22/2023
MISCELLANEOUS APPLICATION No.22/2023
State Bank of India ..Applicant
Versus
M/s. Adarsh Agri Clinic. ..Respondent
Mr. Arun Rakh – Advocate for the applicant.
None for the respondent.
The matter is taken through Video Conference.
1. The applicant has filed present Miscellaneous Application
No.22/2023 for restoration of Original Application
No.621/2019 which was dismissed for non-prosecution vide
order dated 17 th February, 2023.
2. Heard the learned counsels for the applicant-bank, I pass the
following order through video conferencing:
ORDER
A. The Miscellaneous Application No.22/2023 is hereby allowed
with no order as to costs.
B. The registry is hereby directed to restore the Original
Application No.621/2019 to its original position.
C. Since the matter was dismissed in default and it is being
restored now, fresh summons be issued to the defendants to
Classific ation No. of Exh.
[SBJ]
(MA No.22/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
be served by hand.
(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Aurangabad
[SBJ]
(MA No.22/2023) Page 2 of 2
1 issue framed by the court
Whether to allow an application for restoration of an original application dismissed for non-prosecution.
State Bank of India
M/s. Adarsh Agri Clinic
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
