Allowed

Bank of Baroda v. Dileep Vishnu Chitte

DRT8 Sept 2023MA/55/2023

Case brief

AI extract

What is this about?

The DRT allowed the miscellaneous application for restoration of an original application dismissed for non-prosecution. The court directed the registry to take the claim affidavit and documents on record and restore the original application to its original position for completion of pleadings.

What did the court decide?

The Miscellaneous Application No.55/2023 is allowed. The Claim Affidavit and Original Documents are taken on record. The Original Application No.397/2016 is restored.

Bank of Baroda versus Dileep Vishnu Chitte — Civil Procedure and Limitation | DRT (2023)

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

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ORDER SHEET

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08. Sr.	09.202 No.11	3 1 MA No.55/2023
Classific ation	No. of Exh.
		MISCELLANEOUS APPLICATION No.55/2023
		Bank of Baroda ..Applicant Versus Dileep Vishnu Chitte & another ..Respondent Mr. S.R.Vakil h/for Mr. S.R.Vai - Advocate for the applicant. None for the respondent nos.1 & 2. The matter is taken through Video Conference. 1. The applicant has filed present Miscellaneous Application No.55/2023 for restoration of Original Application No.397/2016 which was dismissed for non-prosecution vide order dated 24^thApril, 2023.
		2. The counsel for the applicant bank submits that inadvertently the summons which were issued on 09^th November, 2022 were remained to be served personally and so also the claim affidavit and the original documents were also remained to be filed on record.
		3. Heard the learned counsels for the applicant, I pass the following order through video conferencing: ORDER
		A. The Miscellaneous Application No.55/2023 is hereby allowed with no order as to costs. B. The Claim Affidavit and the Original Documents are taken on record.

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[SBJ] (MA No.55/2023) Page 1 of 2

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

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ORDER SHEET

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C. The registry is hereby directed to restore the Original Application No.397/2016 to its original position.

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D. List the Original Application No.397/2016 before the Registrar for completion of pleadings on 04^th November, 2023.

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E. The proceedings of MA. No.55/2023 be consigned to the record room.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ] (MA No.55/2023) Page 2 of 2

Bank of Baroda v. Dileep Vishnu Chitte

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Dileep Vishnu Chitte

Case brief

What is this about?

What did the court decide?

What the court decided

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