The Securitisation Application No.333/2022 stood dismissed for non-prosecution due to the applicant's prolonged absence and failure to prosecute the matter.
Securitisation Application No.333/2022 is dismissed for non-prosecution and all pending interlocutory applications are disposed off.
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
06.09.2023
| S | r. No. | 81 SA No.333/2022 |
|---|---|---|
| Classifi cation |
No. of Exh. |
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| SECURITIZATION APPLICATION No.333/2022 | ||
| Hotel Sai Samrat ..Applicant Versus Deogiri Nagari Sahakari Bank Ltd. ..Respondents None for the applicant. Mr.Harish Adwant – Advocate for the respondent bank The matter is taken through VC/hybrid. |
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| 1. The learned counsel for the applicant who appeared earlier for the applicant was debarred from appearing before this Tribunal. It was his duty under law to intimate |
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| his clients that he cannot represent them before the Tribunal. He must have informed the applicant that he cannot appear before this Tribunal else it would be a professional mis-conduct. The applicant has not taken steps to get the matter transferred. |
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| 2. Moreover, this Tribunal has also issued public notice and has put the same on the notice board and on e-DRT portal of the Tribunal. The Tribunal has also issued independent notices to all the parties also. |
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| 3. In this matter Application for condonation of delay is pending thought the securitisation application has been registered. |
[APK] (SA No.333/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 4. The applicant remained absent since long. Today also |
|---|
| none present for the applicant. It appears that the applicant is not interested in prosecuting the matter. |
| 5. The learned counsel for the respondent bank submits that the applicants are not appearing since 04.10.2022 and the |
| bank cannot put on hold so request for dismissal of the |
| Securitisation Application. |
| 6. In view of the above, I pass the following order through video conferencing. ORDER |
| A. The Securitisation Application No.333/2022 stands dismissed for non-prosecution. |
| B. Accordingly, all Interlocutory Applications pending if any stands disposed off. |
| C. Consign the file to the Record Room. |
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (SA No.333/2022) Page 2 of 2
Hotel Sai Samrat
Deogiri Nagari Sahakari Bank Ltd.
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
