Maintenance application for restoration of a summons application held infructuous as the debt had been regularized and the recovery notice withdrawn, though future applications remain permissible.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
MA/62/2023
M/S RAJINDERA AUTO SERVICES Vs INDUSIND BANK LIMITED
22.09.2023 Item No.82
Present: Sh. Harinder Kumar, Counsel for the MA Applicant. Sh.Sumit Batra, Counsel for respondent bank.
Heard on MA No.62/2023. This MA is for restoration of SA No.75/2023, which was dismissed in default on 09.06.2023. After filing of the SA No.75/2023, the applicant had himself regularized the account. This led the bank to withdraw the notice issued under Section 13(2) of the SARFAESI Act. Mr.Harinder Kumar states that bank has issued fresh notice under Section 13(2) of the SARFAESI Act.
On the other hand, Mr.Batra, counsel for respondent bank states that the present MA has become infructuous as bank has withdrawn the notice under Section 13(2) of the SARFAESI Act and the applicant has regularized his account.
I am of the considered view that the present MA has been rendered infructuous. However, it is made clear that this order would not debar the applicant to file fresh SA, if he is so advised.
File be consigned to record room after due compliance.
Pronounced in open court.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
M/S Rajindera Auto Services
Indusind Bank Limited
A S Narang
As recorded by the court registry
2 orders share this CNR
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