The applicant challenged an order alleged to be ex parte and not passed after due notice. The Tribunal held that the applicant was aware of the proceedings, notices were issued, and no valid ex parte order existed. Consequently, the application invoking Section 22(2)(g) of the RDB Act was dismissed.
The Miscellaneous Application No.64/2023 stands dismissed.
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. Sr. No |
2023 .20 MA No. 64/2023 |
|
|---|---|---|
| Classifi cation |
No. of Exh. |
|
| MISC. APPLICATION NO. 64/2023 | ||
| Datta Lobha Rathod ..Applicant Versus Bank of India ..Defendants Mr. P.B. Paithankar – Advocate for the applicant. The matter is taken through VC. 1. In this matter the application has been moved for setting aside the order under section 22(2)(g) of RDB Act for setting aside exparte judgement but no orders showing the applicant was proceeded exparte are shown. 2. In this matter it is submitted by the counsel for the applicant that no notice has been served. It is admitted in the Demand Notice dated 01stJuly, 2023 in Recovery Certificate No.148/2023 received by post. The applicant came to know about the impugned order dated 06thJanuary, 2023 on 19th |
||
| July, 2023. This is not a correct position because the copy of the orders is already uploaded on website and Recovery Certificate/ demand notice issued in March 2023. |
||
| 3. The summons has been served to them long back though it is recorded in the orders by the Registrar that the applicant will take steps forreissuanceof the summons. |
[SBJ] (MA No.64/2023) Page 1 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
6.
[SBJ] (MA No.64/2023) Page 2 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
pass the following order through video conferencing.
ORDER
A. The Miscellaneous Application No.64/2023 stands
dismissed.
B. File be consigned to the record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad
[SBJ] (MA No.64/2023) Page 3 of 3
2 issues framed by the court
Whether an ex parte order was passed against the applicant without service of summons.
Whether the application is maintainable under Section 22(2)(g) of the RDB Act.
1 provisions across 1 enactments
Datta Lobha Rathod
Bank of India
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
