Allowed

State Bank of India v. M/S Mahakali Industries

DRT23 Nov 2023MA/80/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed a miscellaneous application filed by the applicant bank to restore the original application dismissed for non-filing of documents. The court accepted the claim affidavit and original documents on record.

What did the court decide?

The Miscellaneous Application No.80/2023 is allowed with no order as to costs; Claim Affidavit and Original Documents taken on record; Original Application No.13/2017 restored.

23.
Sr.

11.202
No.12

3
8 MA No.80/2023

Classific
ation

No. of
Exh.

MISCELLANEOUS APPLICATION No.80/2023
State Bank of India
..Applicant
Versus
M/s. Mahakali Industries through its
Proprietor
Mr.
Sambhaji
Shankar
Waghmare
..Respondent
Mr. K.D. Pande - Advocate for the applicant.
None for the respondent.
The matter is taken through Video Conference.
1. The
applicant
has
filed
present
Miscellaneous
Application No.80/2023 for restoration of Original
Application No.13/2017 which was dismissed for non-
filing of the claim affidavit and the original documents
vide order dated 01^stJune, 2023.
2. The counsel for the applicant bank submits that when
the OA had filed through the earlier advocate on the

basis of the True Potocopies of the loan documents as

during that period it was not mandatory for the banks to
file OA alongwith the claim affidavit and original
documents. The OA came to be re-assigned to him
during the Covid period. Non-filing of the claim
affidavit and original documents is not intentional but
incidental one and as such same required to be accepted
in the interest of justice.

3. Heard the learned counsels for the applicant, I pass the
following order through video conferencing: ORDER
A. The Miscellaneous Application No.80/2023 is
hereby allowed with no order as to costs.
B. The Claim Affidavit and the Original Documents are taken on record. C. The registry is hereby directed to restore the Original Application No.13/2017 to its original position. D. List the Original Application No.13/2017 before the Registrar for issuance of summons through the Court
Commissioner / completion of pleadings on 11^th January, 2024. E. The proceedings of MA. No.80/2023 be consigned to the record room. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

3. Heard the learned counsels for the applicant, I pass the

following order through video conferencing:
ORDER

A. The Miscellaneous Application No.80/2023 is

hereby allowed with no order as to costs.

B. The Claim Affidavit and the Original Documents are
taken on record.
C. The registry is hereby directed to restore the Original
Application No.13/2017 to its original position.
D. List the Original Application No.13/2017 before the
Registrar for issuance of summons through the Court

Commissioner / completion of pleadings on 11^th
January, 2024.
E. The proceedings of MA. No.80/2023 be consigned to the
record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

State Bank of India v. M/S Mahakali Industries

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S Mahakali Industries

Case brief

What is this about?

What did the court decide?

What the court decided

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