This application was allowed restoring original application no. 246/2016 to original stage on interest of justice despite procedural defaults regarding CAOD filing and summons service.
Miscellaneous application no. 86/2023 is allowed and original application no. 246/2016 is restored to its original stage.
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
| 15.12. Sr. No |
2023 .64 MA No. 86/2023 |
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| Classific ation |
No. of Exh. |
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| MA No. 86 / 2023 Bank of Maharashtra ..Applicant Versus Prakash Uttamrao Vidhate & others ..Defendants Mr. A.A.Mishra – Advocate for the applicant bank. The matter is taken through Hybrid. 1. The learned counsel for the applicant has filed this application for restoration of OA no. 246/2016which was dismissed due to non-filing of CAOD and non-service of summons on defendant. 2. The Learned counsel for the applicant further submits that inadvertently COAD is not filed and now filed herewith seeking permission to restore the Original Application and for taking the claim affidavit on record. 3. The reasons given in the Misc. Application are not acceptable even then in the interest of justice, I pass the following order: ORDER A. Misc. Application No. 86/2023 is allowed. |
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| B. Registry is directed to restore the Original Application no. 146/2016 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]
1 issue framed by the court
Whether an original application should be restored despite non-filing of consent to extend time and non-service of summons.
Bank of Maharashtra
Prakash Uttamrao Vidhate & others
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
