The Tribunal condoned the default in prosecution of Original Application No.72/2016 and restored it to its original position before the Registrar for fresh service of summons and listing of the defendants.
Restoration of Original Application No.72/2016 to its original position; fresh issuance of notices 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
10.11.2023
| Sr. No | .19 MA No.60/2023 |
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|---|---|---|
| Classific ation |
No. of Exh. |
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| MISCELLANEOUS APPLICATION No.60/2023 Union Bank of India ..Applicant Versus Vipul Atmaram Patil ..Respondents Mr. S.R. Vakil h/for Mr. S.R. Vani – Advocate for the applicant. None for the respondents. The matter is taken through Video Conference. 1. The applicant has filed present Miscellaneous Application |
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| No.60/2023 for restoration of Original Application |
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| No.72/2016 which was dismissed in default for non- prosecution vide order dated 08thMay, 2023. 2. The counsel for the applicant submitted that inadvertently the summons was remained to be served personally to the |
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| defendant. So also the claim affidavit and the original security documents were also remained to be filed on record in time due to which the matter was dismissed. |
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| 3. It has been also submitted by the counsel for the applicant that the claim affidavit and the original documents filed online vide Diary No.911/2023. 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 |
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| and public funds the relief be granted in favour of the |
[SBJ] (MA No.60/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
applicant bank by restoration of the Original Application No.72/2016 and prayed for issuance of fresh summons to the defendants.
ORDER
(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Aurangabad
[SBJ] (MA No.60/2023) Page 2 of 2
1 issue framed by the court
Whether to condone default in filing of original recovery application and grant restoration.
Union Bank of India
Vipul Atmaram Patil
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
