The Debts Recovery Tribunal allowed a miscellaneous application by the applicant bank to revive OA no. 403/2018 as the borrower failed to comply with the terms of a compromise. The order directed fresh service of summons.
Revival of OA no. 403/2018 and direction to take fresh steps for service of summons on defendants.
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DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court MA 27 of 2022
Office action taken with data
| • Date or order or proceeding |
DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court MA 27 of 2022 |
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| 25.04.2023 | The present Misc. application has been moved by ld. counsel for the applicant on the ground that previously parties are entered into compromise during pendency of OA no. 403/2018 and as per terms of the compromise it was made clear that in case borrower fails to comply the terms of the compromise the applicant bank may proceed further in accordance with law for revival of the OA. Accordingly the present Misc. application has been moved for revival of the OA 403/2018 on the ground that the borrower fails to comply the terms of compromise. No reply has been filed on behalf of the respondent despite of the sufficient service by way of Registered post as well as by way of publication. In such circumstances the present Misc. application is allowed and OA 403/2018 is hereby restored to original number and put up the ~A. The applicant bank is directed to take fresh steps for service of summons on the defendants on that OA. Accordingly, MA stand disposed off. Sent the record before the Registry for compliance. |
| Order to be uploaded on the Tribunal's website Patna .. (Kaushalendra Yadav Presiding Officer |
T)
1 issue framed by the court
Whether to allow the miscellaneous application for revival of OA no. 403/2018 in view of the default to terms of compromise.
Applicant bank
Borrower
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
