Recovery Tribunal allowed restoration of a default-dismissed SARFAESI application for one more hearing on merits, despite insufficient grounds for condoning limitation due to illness and counsel absence, subject to payment of costs.
Restoration of SARFAESI Application SA 223/2017 allowed, subject to payment of Rs. 2000/- costs within 15 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MA 03/2023 [OJ
1
ORT, PATNA
Recovery Tribunal, Patna.
Presiding Officer : Shri KaushalendraYadav
MA030f2023
arisingout of SA223/2017
Ataur Rahman @ Hirajee
.........Applicant
Versus
The Authorised Officer - cum - the Chief Manager, Regional Office,
Central Bank of India, Muzaffarpur - 8420001.
--Respondent Present: Forthe Applicant : Sh.NandKishoreSingh,Advocate Forthe RespondentBank : Sh.SachindraKr.Tiwari,Advocate
Dated: 11.07.2025
ORDER
MA 03/2023 (0)
2
DRT, PATNA
not restored. Hence, the present MA may be allowed and SA 223/2017 be restored to its original number.
Letthe order be uploaded on the website of the tribunal.
" ~
~/,~~-h [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna Date: 11.07.2025
2 issues framed by the court
Whether the applicant is entitled to condonation of delay for restoration of a SARFAESI application dismissed for default due to illness and counsel absences.
Whether the applicant's illness constitutes sufficient ground to allow restoration of default dismissed proceedings.
1 provisions across 1 enactments
Ataur Rahman @ Hirajee
The Authorised Officer - cum - the Chief Manager, Regional Office, Central Bank of India, Muzaffarpur
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
