The Debts Recovery Tribunal allowed a miscellaneous application for restoration of Original Application No. 01/2013 due to advocate-related delay, condoning the deficiency in filing the claim affidavit and summoning defendants.
Restored Original Application No. 01/2013; Claim Affidavit to be filed within two weeks; Issue summons to defendants.
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
| 05.09 Sr. N |
.2023 o.33 MA No.54/2023 |
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|---|---|---|
| Classific ation |
No. of Exh. |
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| MISC. APPLICATION No.54/2023 | ||
| State Bank of India ..Applicant/s Versus M/s. Shriram Trading Company ..Respondent/s Mr. Arun Rakh - Advocate for the applicants. The matter is taken through Video Conference. 1. In this matter the Original Application was filed and registered as No.01/2013. |
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| 2. The summons were issued has been served and the defendant no.1 was appeared in the matter. It is submitted that the advocate who has filed the matter, returned the matter to the branch in the year 2022 then the said matter was reallotted to another advocate therefore the advocate of the applicant bank and the applicant bank could not file the claim affidavit. 3. This Miscellaneous Application No.54/2023 has been filed for restoration of the Original Application No.01/2013 as stated above. The Original Application was dismissed because there was no claim affidavit and the original documents on record. 4. In view of the above, I pass the following order through video conferencing. ORDER |
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| A. The Miscellaneous Application No.54/2023 is hereby | ||
| allowed and the Miscellaneous Application for restoration of Original Application No.01/2013 is |
[SBJ] ( MA No.54/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
hereby condoned.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
Uploaded on 03-10-2023
[SBJ] ( MA No.54/2023) Page 2 of 2
1 issue framed by the court
Whether to condone the delay in filing claim affidavit for restoration of original application.
State Bank of India
M/s. Shriram Trading Company
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
