Allowed

Bank of Baroda v. M/s Upadhyay Textiles through Proprietor Shankarlal Ramniwas Upadhyay

DRT1 Jul 2023MA/29/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Aurangabad, allowed a Miscellaneous Application for restoration of an Original Application dismissed via Video Conference due to the applicant's failure to join the technology platform. The court cited public interest in recovered funds.

What did the court decide?

The Miscellaneous Application was allowed; the Original Application No.37/2018 was restored and listed on 08th September, 2023.

Bank of Baroda versus M/s Upadhyay Textiles through Proprietor… — Banking and Recovery | 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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	01.07. Sr. No	2023 .67 MA No. 29 / 2023
Classific ation	No. of Exh.
		MISC. APPLICATION No. 29 of 2023
		Bank of Baroda ..Applicant Versus M/s. Upadhyay Textiles through Proprietor Shankarlal Ramniwas Upadhyay ..Respondent Mr. Mahadev M. Jadhav h/for M.V. Kini - Advocate for the applicant. The matter is taken through Video Conference.
		1. The applicant has filed present Miscellaneous Application No.29/2023 for restoration of Original Application No.37/2018 which was dismissed in default for non- prosecution vide order dated 18^thMay, 2023. 2. The counsel for the applicant submitted that the advocate of the applicant bank has not appeared before the Tribunal due to the technical error to join the VC and he has left
		from the VC due to which the matter was dismissed.
		3. It has been also submitted by the counsel for the applicant that the money advanced by the applicant banks to the borrowers are the public money, earned by sweat and toil of thousands of innocent depositors and shareholders therefore in order to protect the public interest and public funds the relief be granted in favour of the applicant bank by restoration of the Original Application No.37/2018.

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[SBJ] (MA No. 29 of 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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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.29/2023 is hereby allowed and the Miscellaneous Application for restoration of Original Application No.37/2018 is hereby condoned.

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B. The Original Application No.37/2018 is hereby restored and place on 08^th September, 2023 before the Registrar for completion of pleadings.

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C. The Registrar is directed to issue summons through Court Commissioner in the Original Application No.37/2018 and list the date for appearance of the defendants before him on 08^th September, 2023 and thereafter before this Tribunal on 18^th October, 2023 for arguments.

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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. 29 of 2023) Page 2 of 2

Bank of Baroda v. M/s Upadhyay Textiles through Proprietor Shankarlal Ramniwas Upadhyay

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. M/s Upadhyay Textiles through Proprietor Shankarlal Ramniwas Upadhyay

Case brief

What is this about?

What did the court decide?

What the court decided

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