Allowed
M/S. Instruments Techniques Pvt. Lts., v. M/S. Pegasus Assets Reconstruction Pvt. Ltd.
DRTMA/46/2024
What the court decided
AI extract
Outcome
Allowed
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DEBTS RECOVERY TRIBUNAL -I
HYDERABAD
oA.NO.72 0F 2018
20.71.2024
MA.No.46/2024:
This is an application filed by the petitioner for setting aside the exparte order dated 16.08.2018 in 0A.72/2018.
This application is resisted by respondent by filing counter. Heard both sides.
This Tribunal vide orders dated 22.07.2024 allowed the IA.No.181212022 which is filed for condoning the delay of 1539 days in filing the application to set asidL tne exparte order dated 16.08.2018 in OA.72/2OLS on the point that defendant no.2 died which is prior to initiation of OA proceedings.
Hence, in the circumstances stated above, I am of the opinion that there is a need to set aside the exparte order dated 16.08.2018 in OA.72/2OLB. The petitioners No.1,3 and 4 already filed Written Statement to show their bonafides.
In the result, MA.No.4612024 is allowed.
In view of death of defendant no.2, the claim against Defendant no.2 is abated.
For filing of Applicant,s evidence call on L3.L2.2024 before Registrar.
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As recorded by the court registry
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