Allowed

Dakshin Bihar Gramin Bank v. M/s Kritika Agro Industries and Others

DRT2 Jan 2025MA/12/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Patna allowed an application by Dakshin Bihar Gramin Bank filed under section 22(2)(H) of the RDB Act. The application sought to reopen OA 579/2018 due to a DRAT direction deciding an earlier appeal expeditiously.

What did the court decide?

The misc. application is allowed; OA 579/2018 is restored to original number; Registry directed to issue notices and list before bench.

Dakshin Bihar Gramin Bank versus M/s Kritika Agro Industries… — Banking and Recovery | DRT (2025)

ORT, PATNA

MA 12/2024 [0]

DEBTSRECOVERYTRIBUNAL,PATNA

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PresidingOfficer : Shri Kaushalendra Yadav MA 12 of 2024

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[Arising out of OA 579 of 2018]

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Dakshin Bihar Gramin Bank, having its Head Office at Sri Vishnu Commercial Complex, Near Highway Petrol Pump, New Byepass,NH30, Asochak, Patna - 800030 and a Branch Office at Mathurapur, District - Samastipur (Bihar- 848101).

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.........Applicant

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Versus

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I. MIs Kritika Agro Industries Private limited, Birsinghpur Chouk, Kalyanpur, District - Samastipur, Bihar - 848101 through its Director Vimal Kumar Kedia, S/o Govind Ram Kedia, Purani Post Office, Samastipur (Bihar)- 848101.

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Vimal Kumar Kedia, S/o Govind Ram Kedia, Purani Post Office, Samastipur (Bihar).

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.3, sanjay Kumar Sonathalia, S/o Niranjan PrasadSonathalia Dairy Farm, Port Blar (Andman)- 744103.

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..,4. Mahendra Kumar Kedia, S/o Govind Ram Kedia, Purani Post Office, Samastipur (Bihar)- 848101.

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Denesh Kedia @ Dinesh Kumar Kedia, S/o Govind RamKedia,Purani PostOffice, Samastipur (Bihar)- 848101

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--Respondents

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Present:

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For the Applicant : Sh.Manoranjan Kr. Mishra, Advocate For the defendant : None

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Dated: 02.01.2025

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ORDER

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This misc. Application has been filed under section 22 (2) H of RDBAct by applicant bank to reopen the caseOA579/2018.

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DRT, PATNA

MA 12/2024 [0]

It has been stated by the Id. Counselof applicant bank that the OA 579/2018 was decided ex-parte vide judgment dated 22.03.2019 against the borrower & guarantors. Further the RecoveryProceeding was going on before the Ld. RecoveryOfficer. During the pendency of Recovery Proceeding,the defendant no.1 filed a Misc. Application bearing no. MA 103/2019 for recalling the ex-parte order/judgment dated 22.03.2019 passedin abovementioned OA which was allowed by this Tribunal vide judgment dated 31.12.2021. Against the judgment dated 31.12.2021 passed in MA 103/2019, the applicant bank approached Hon'ble DRAT, Allahabad vide Appeal Dy. No. 67/2022. Accordingly, Hon'ble DRAThas decided the said Appeal on 06.12.2023 with the direction to decide the said OA on merits if the applicant bank moves such application as per law before the DRT, Patna and the same shall be considered and decided strictly in accordancewith law most expeditiously preferably within a period of two months from the date of production of certified copy of the order of Hon'ble DRAT.Accordingly, the applicant bank filed this MA on 05.01.2024 and prayed to reopen the OA 579/2018 for hearing.

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On being noticed, all the defendants have appeared through his counsel in the matter but failed to file any reply to present MA.

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Heard Ld.Counselfor the parties and gone through the record.

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Considering the direction of Hon'ble DRATdated 06.12.2023 passed in Appeal Dy. No.67/2022 to decide the OA on merits on production of certified of order dated 06.12.2023, therefore, the present MA is allowed.

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ORDER

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The instant M.A. is Allowed, OA 579/2018 is restored to its original Number. The Registry is directed to issue notice to all the defendants thereafter list the same before the bench after completion of service.

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A copy of this order isgiven to the parties. The order signed,dated and pronounced in open court today.

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Consignthe record.

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[KaushalendraYadav]

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Presiding Officer Debts RecoveryTribunal, Patna Date: 02.01.2025

Dakshin Bihar Gramin Bank v. M/s Kritika Agro Industries and Others

Case brief

What is this about?

What did the court decide?

Dakshin Bihar Gramin Bank v. M/s Kritika Agro Industries and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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