This miscellaneous application by the appellant sought to set aside a default dismissal order in a prior recovery appeal. The court noted the failure to issue notice and lacks of representation, holding the appeal devoid of merits and dismissing the application.
Application for setting aside the default dismissal order excluded and application dismissed.
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THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE O3.d DAY OF, APRIL, 2025 PRESENT: SRI. GUMMADI GOPICHAND
HON'BLE PRESIDING OFFICER
MA. NO. 30 0F 2024 IN RA. NO. 09 0F 2023 IN oA NO. 584 0F 2012
Between
Mr. Sanjay Kumar Agarwal, R/o. 5-9-273, C1, Mayur Kushal Complex, Abids Hyderabad-500001.
....Applicant/s
And
Punjab National Bank, Bank Street, Koti, Hyderabad. And Another.
.... Respo ndent/s
DOCKET ORDER DT. 03.O4.2025.
This Miscellaneous Application is filed by the Petitioner under Rule 4 of CPC r/w Section 19(25) of RDB Act to set aside the dismissal order dt.23.01.2024 passed in Appeal No.9/2023.
The averments made in the affidavit filed by the Petitioner in brief are that the Petitioner filed the Recovery Appeal challenging the docket order dt,08.12.2022 passed by the Recovery Officer in M.P.No.192/2019 in R.P.No.B3B/2017 in O.A.5B4/2O12 and due to non-appearance, the same was dismissed for default which is neither intentional nor wanton. Accordingly, pra. t aside the order dt.23,O7.2024 passed by this Tribu na l.
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This application is resisted by the Respondent Bank by filing counter opposing the averments made by the petitioner.
Heard Ld. counsel for the petitioner and Ld. counsel for the Respondent Bank and perused the material brought on record.
Now, the point that arise for determination is whether the petitioner made out any valid grounds for setting aside the dismissal order dt.23.0 1.2024passed in RA.No.09 /2023?
A perusal of the docket proceedings clearly indicates that the petitioner filed RA No,9/2023 and after reglstration of the said appeal, it was posted to 31.10.2023 and as no notice was issued to the Respondent in the said appeal, a direction was given to the Ap pella nt/petitione r herein to issue notice to the Respondents by 26.72.2023. No notice was issued to the Respondents by the said date and on 26.12.2023, the matter wasposted to 23.07.2024 for issuing notice to the Respondents. On 23.01.2024, there was no representation on behalf of the petitioner and notice was also not issued to theRespondents and hence the said appeal was dismissed for default on 23.01.2024.
So, in the circumstances, I hold that the petitioner failed to establish any ground to set aside the dismissal order dt.23.01.2}24 passed in RA No.9/2023 and as such, the present petition is devoid of merits.
Accordingly, MA 30/2024 is dismissed.
sd/Presiding Officer
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1 issue framed by the court
Whether the appellant establishes any valid ground to set aside the dismissal order for default in Appeal No.9/2023 passed on 23.01.2024.
1 provisions across 1 enactments
Mr. Sanjay Kumar Agarwal
Punjab National Bank
Gummasri Gopichand
As recorded by the court registry
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