Application to restore an original filing after the defendant's death dismissed. Court held bank failed to notify legal representatives promptly, causing dismissal of the main suit, and denied relief ex parte.
Miscellaneous application dismissed; all pending interlocutory applications disposed of.
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
| 1 S |
4.06.20 r. No.1 |
24 2 MA No.42/2024 |
|---|---|---|
| Classifi cation |
No. of Exh. |
|
| MISCELLANEOUS APPLICATION No.42/2024 | ||
| State Bank of India ..Applicant Versus Narsingh Dhondiba Battewad ..Respondents Mrs. S. D. Tambat - Advocate for the applicant None for the Respondents. The matter is taken through Hybrid. 1. In this matter this application has been moved for restoring the Original Application No.329/2018 filed against the sole defendant who expired in the year 2020. 2. The applicant bank has not made any efforts after filing of the original application and had not made any efforts for recovery so that they would have known that the borrower has expired. 3. Still the Court Commissioner was appointed. The concerned officer alongwith the Court Commissioner visited the sale defendant on 14thJuly, 2023 and came to know about the death of the borrower. Summons were handed over to the son of the sole defendant and the verification of the property was also done. 4. Despite having knowledge of the legal representative of the sole borrower, no steps were taken by them to bring the legal representatives on record. After giving several opportunities ultimately this Tribunal was left with no option but to dismiss the Original Application on 07thMay, 2024. The said order is self- speaking. This Miscellaneous Application cannot be allowed. |
[SBJ]
(MA No. 42/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
ORDER
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ]
(MA No. 42/2024) Page 2 of 2
State Bank of India
Narsingh Dhondiba Battewad
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
