The Debts Recovery Tribunal dismissed a Special Application and other pending inter-year applications for the applicant's conduct in filing a duplicate suit while claiming ignorance of it.
The application and all pending I.A.s are disposed of as dismissed due to the conduct of the party.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 56
Case No. SA/535/2023
SHRAWAN SINGH Vs GIC HOUSING FINANCE LIMITED
Date: 21.04.2025.
Proceedings through hybrid mode Present:
Shri D Joshi, Counsel for the Applicant
Shri R N Vijay along with Shri Raman Sharma, Counsel for the Respondent Bank/FI
The matter at item no. 56 was taken and Counsel for the Respondent informed that another SA with the same facts and seeking same relief by the same party has been filed which is listed today, i.e. SA no. 66/2024.
In SA no. 66/2024, Counsel for the applicant pleads no instructions and he submits that he was not aware of filing of the earlier SA.
I am of the opinion that the Counsel for the applicant may not be aware of the earlier filed SA, but the SA applicant is well aware of SA filed by him only. Therefore, the statement given on oath that the no other SA is pending is also false.
In view of the above, both the SA stand disposed of as dismissed due to conduct of party. All pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
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2 issues framed by the court
Whether the application should be dismissed due to the applicant's concealed conduct of filing a duplicate suit.
Whether former interlocutory applications pending in duplicate applications should also be disposed of.
SHRAWAN SINGH
GIC HOUSING FINANCE LIMITED
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
