Bank of India versus Ashok Digambar Bhise

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IN THE DEBTS RECOVERY TRIBUNAL, PUNE (BEFORE HON’BLE PRESIDING OFFICER, DRT, PUNE)

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ORDER

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Chamber Appeal No. 11/2023 (Decided on 1^st March, 2025)

Bank of India

..Appellant

Versus

Ashok Digambar Bhise & Others ..Respondents

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This appeal emerges from Order dated 1^st December, 2022 passed by the Ld. Registrar declining Original Application (D) No.1770/2017. The appellant has sought relief to restore the same and appellant be provided a period of 45 days to remove all the office objections noted by the Registry.

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The appellant herein has filed Original Application for recovery of loan amount from the respondents. Objections were raised by the Ld. Registrar but the learned Advocate for appellant herein failed to remove the office objections within prescribed period. Therefore, the Ld. Registrar declined to register the same.

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At this juncture, it is to be noted that principle of natural justice is that the client shall not suffer for negligent act of the Advocate. In the present case, the learned Advocate for the appellant herein failed to remove the office objections. The appellant herein has filed Original Application for recovery of loan amount which is public money. If an opportunity to remove office objections is given to the appellant, no prejudice would be caused to the respondents as they will get an opportunity to contest the same.

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In view of these observations, appeal deserves to be allowed. Therefore, I pass the following order:

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ORDER

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A. The appeal is hereby allowed.

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2

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B. The appellant bank herein is permitted to remove office objections and get Original Application (D) No.1770/2017 registered/numbered within two weeks from today.

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C. This application is disposed of.

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Sd/(Dilip G Murumkar) Place : Pune Presiding Officer Date: 01.03.2025 Debts Recovery Tribunal, Pune

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(KAUR)

Bank of India v. Ashok Digambar Bhise

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Bank of India v. Ashok Digambar Bhise

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