The Tribunal allowed a miscellaneous application to restore a dismissed Original Application due to inadvertent non-filing of CAOD and non-service of summons, and consigned the file for further proceedings.
Original Application No. 118/2017 restored to its original stage; permission granted to file COAD.
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
| 03. Sr. |
10.202 No.11 |
3 8 MA No.63/2023 |
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| Classifica tion |
No. of Exh. |
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| MISCELLANEOUS APPLICATION NO.63/2023 Canara Bank ..Applicant Versus Bhagwan Kisan Olekar & others ..Respondents Mr. A.R.Tangade Patil – Advocate for the applicant. The matter is taken through Video Conference. 1. The learned counsel for the applicant submits that due to non- filing of CAOD and non-serviceof summons on defendants, the Original Application No. 118/2017 was dismissed by order dated 12.06.2023. 2. The Learned counsel for the applicant further submits that inadvertently it happens has filed COAD herewithseeking permission to restore the Original Application and for taking the claim affidavit on record. The reasons given in the Misc. Application are not acceptable. 3. In the interest of justice, I pass the following order through video conferencing. ORDER A. Misc. Application No.63/2023 is allowed. |
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| B. Registry is directed to restore the Original Application no. 118/2017 to its original stage. C. Consign the file to the Record Room and orders be uploaded on official web-site. |
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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Aurangabad |
[APK]
2 issues framed by the court
Whether the dismissal of Original Application due to non-filing of CAOD and non-service of summons can be restored.
Whether permission can be granted to file COAD and claim affidavit in a dismissed case.
Canara Bank
Bhagwan Kisan Olekar & others
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
