Allowed

Kotak Mahindra Bank Limited v. Shital Pramod Shinde

DRT19 Oct 2023MA/67/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's miscellaneous application seeking restoration of a dismissed debt recovery case. The court directed the registry to restore the original application and issue fresh summons, listing the matter for future proceedings.

What did the court decide?

Restoration of Original Application No.11/2023 to its original stage and direction to issue fresh summons.

Kotak Mahindra Bank Limited versus Shital Pramod Shinde — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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19. Sr.	10.202 No.39	3 MA No.67/2023
Classific ation	No. of Exh.
		MISCELLANEOUS APPLICATION No.67/2023
		Kotak Mahindra Bank Ltd. ..Applicant Versus Shital Pramod Shinde & another ..Respondent Mr. Pradeep Yadav - 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.67/2023 for restoration of Original Application No.11/2023 which was dismissed for non- prosecution vide order dated 13^thJuly, 2023. 2. The counsel for the applicant bank submits that the summons which were ordered to be issued on 13^thJune, 2023 through Court Commissioner which were received by the applicant on 16^thJune, 2023. The Authorised Officer alongwith Court Commissioner tried to serve the summons but the defendants are not located. It is also submitted that due to wrong entries of the date of the present OA in his diary he could not attend the matter. He seeks restoration of the Original Application No.11/2023 to its original stage. 3. Heard the learned counsels for the applicant, I pass the following order through video conferencing:

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[SBJ] (MA No.67/2023) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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ORDER
A. The Miscellaneous Application No.67/2023 is
hereby allowed with no order as to costs.
B. The registry is hereby directed to restore the Original
Application No.11/2023 to its original position and
fresh summons be issued.
C. List the Original Application No.11/2023 before the
Registrar for completion of pleadings / for filing
service affidavit on 29 th November, 2023.
D. The proceedings of MA. No.67/2023 be consigned to the
record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

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[SBJ] (MA No.67/2023) Page 2 of 2

Kotak Mahindra Bank Limited v. Shital Pramod Shinde

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Shital Pramod Shinde

Case brief

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What did the court decide?

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