Bank of Maharashtra v. Namdev Baburao Randive
Case brief
What is this about?
The Tribunal allowed the bank's interlocutory application to withdraw the original recovery application due to limitation concerns. The main application was disposed of as withdrawn, parties directed to approach civil courts, and documents/fees returned.
What did the court decide?
Withdrawal of Original Application No.370/2024 allowed; period from filing to disposal excluded from limitation.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 04.06 Sr. N |
.2024 o.16 OA No. 370/ 2024 |
|
|---|---|---|
| Classifi cation |
No. of Exh. |
|
| Interlocutory Application No.832/2024 IN ORIGINAL APPLICATION NO.370 of 2024 Bank of Maharashtra ..Applicant Versus Namdev Baburao Randive & others ..Defendants Mr. M.M. Ambhore h/for Mr. B.M. Wavhal - Advocate for the applicant. The matter is taken through Hybrid. 1. By this Interlocutory Application No.832/2024 the learned counsel for the applicant bank seeks withdrawal of this Original Application No.370/2024 as the same is filed on the basis of the mortgage and limitation for filing Original Application is three years and they will be making recourse to the action of recovery before the competent Civil Court. Permitted. |
||
| 2. In view of the above statement made by the counsel for the applicant bank, I pass the following order. |
||
| ORDER | ||
| A. The Interlocutory Application No.832/2024 stands allowed. |
[SBJ] (OA No.370/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
B. The Original Application No.370/2024 stands disposed off as withdrawn. C. The period from filing of this original application till disposal and uploading of the final orders shall be excluded from the period of limitation to be counted and the bank approaches the Civil Courts. D. All original documents be returned as per rules. E. Registry to return full court fees. F. File be consigned to the record room . (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
Issues for consideration
1 issue framed by the court
Whether the bank's original application for recovery can be withdrawn and the matter directed to civil courts.
Parties & counsel
- applicant
Bank of Maharashtra
- respondent
Namdev Baburao Randive & others
Coram
Vimal Gupta
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court