Allowed

Apex Urban Co. Operative Bank of Maharashtra and Goa Limited v. Mumbai Zilla Madhyavarti Sah. Bank Maryadit

DRT15 Apr 2023MA/23/2023

Case brief

AI extract

What is this about?

The DT allowed the restoration application made by the Apex Urban Cooperative Bank to restore its Securitisation Application for final arguments, holding that non-availability of counsel did not bar the remedy. The registry directed restoration with a date of June 22, 2023. No costs awarded.

What did the court decide?

The Securitisation Application No.17/2021 is restored for final arguments on June 22, 2023, after completion of pleadings.

Apex Urban Co. Operative Bank of Maharashtra and Goa… — Insolvency and Bankruptcy | DRT (2023)

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

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15.04.2023
Sr. No.17 MA No.23/2023
MISCELLANEOUS APPLICATION No.23/2023
Apex Urban Co-operative Bank of ..Applicant
Maharashtra & Goa Ltd.
Versus
Mumbai Zilla Madhyavarti Sahakari Bank ..Respondent
Maryadit
Mr. Abasaheb D. Shinde – Advocate for the applicant.
Mr. Sandeep B. Gorde Patil - Advocate for the respondent.
The matter is taken through Video Conference.
1. In this matter the counsel for the applicant has moved present
Miscellaneous Application No.23/2023 for restoration of
Securitisation Application No.17/2021 submitting that on 07 th
March, 2023 he was before the Hon’ble Bombay High Court
Bench at Aurangabad in two matters i.e. Writ Petition
No.3489/2023 and 3490/2023.
2. If the counsel was not available it was the duty of the
applicant to make an alternate arrangement or the applicant
would have made arrangement of sending intimation to the
Registry of this Tribunal.
3. The learned counsel for the respondent-bank appears and
submits that he has no objection. Definitely when his
Classific ation No. of Exh.

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[SBJ]

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(MA No.23/2023) 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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professional colleague is busy in another forum he will have
no objection because the same situation can come with them
at any point of time. However, in the interest of justice the
Miscellaneous Application No.23/2023 shall stand restored.
4. Heard the learned counsels for the applicant and the
respondent-bank, I pass the following order through video
conferencing:
ORDER
A. The Miscellaneous Application No.23/2023 is hereby allowed
with no order as to costs.
B. The registry is hereby directed to restore the Securitisation
Application No.17/2021 for final arguments on 22 nd June,
2023. By that time the pleadings be completed.
C. The proceedings of MA. No. 23/2023 be consigned to the
record room.
(Vimal Gupta)
Presiding Officer,
Debts Recovery Tribunal, Aurangabad

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[SBJ] (MA No.23/2023) Page 2 of 2

Apex Urban Co. Operative Bank of Maharashtra and Goa Limited v. Mumbai Zilla Madhyavarti Sah. Bank Maryadit

Case brief

What is this about?

What did the court decide?

Apex Urban Co. Operative Bank of Maharashtra and Goa Limited v. Mumbai Zilla Madhyavarti Sah. Bank Maryadit

Case brief

What is this about?

What did the court decide?

What the court decided

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