The Debts Recovery Tribunal held that upon issuance of a fresh notice under Section 13(2), the earlier notice stands withdrawn and its litigation expenses are not debited to the applicant's account before disposing of the application.
Expenses of litigation under the earlier notice will not be debited; SA dismissed and pending IAs disposed off.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 50
Case No.SA/713/2024
MS SHREE LAXMI SILVER WORKS Vs AXIS BANK
Date: 24.07.2025.
Proceedings through hybrid mode Present:
Shri Rachit Sharma, Counsel for the Applicant
Shri Abhishek Bhandari, Counsel for the Respondent Bank/FI
In this matter, bank has issued new Notice under Section 13(2). Counsel for the applicant submits that in order to nullify the proceedings, fresh notices has been issued. He further submits that this shows the ill intention of the bank to issue fresh notices, there are no changes being made in the fresh notice of section 13(2).
Be that it may be, upon issuance of notice 13(2), the earlier notice cannot be argued now and according to the Tribunal the earlier notice stands withdrawn. Expenses of that litigation of earlier notice under section 13(2) will not be debited to the account of the applicant.
Accordingly, SA stands disposed off, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
1 issue framed by the court
Whether expenses of litigation under an earlier notice stand withdrawn upon issuance of a fresh notice under Section 13(2).
1 provisions across 1 enactments
MS SHREE LAXMI SILVER WORKS
AXIS BANK
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
