M/s Jai Bajrang Agro Farm Pvt. . Ltd. and Others v. Bank of India
Case brief
What is this about?
The Tribunal dismissed an application by the borrower to set aside an ex parte judgment, held the service of summons to be valid, but alternatively allowed the application conditional upon a security deposit.
What did the court decide?
Allowed subject to deposit of 50% certificate amount within 30 days along with security for the rest amount; otherwise liable to be dismissed.
What the court decided
MA 143/2023 [OJ
1
ORT, PATNA
DEBTSRECOVERYTRIBUNAL, PATNA
Presiding Officer : 5hriKaushaiendraYadav
MA 143 of 2023
[Arising out of OA 402 of 2022]
Bank of India
.........Applicant
Versus
MIs Jai Bajrang Agro Farm Ltd. & Ors.
--Defendants
| Present: | |
|---|---|
| For the Applicant | : Sh Hemant Sharma, Advocate |
| For the defendant | : Sh. Ratnesh Nandan Sinha, Advocate |
Issues for consideration
2 issues framed by the court
Whether an application to set aside an ex parte judgment should be allowed when the applicant failed to appear and the summons was sent by registered post.
Whether the applicant can rely on the presumption of service under Section 27 of the General Clauses Act given the lack of specific denial of the postal address.
Parties & counsel
- applicant
Bank of India
- applicant
MIs Jai Bajrang Agro Farm Ltd.
- applicant
Ram Chandra Singh
Coram
Case details
As recorded by the court registry
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