The Mumbai Debt Recovery Tribunal granted a miscellaneous application for condonation of delay in filing an application for restoration of a previously dismissed original application. The court found the reasons bonafide and the matter allowed with costs.
M.A. No.21 of 2026 allowed subject to cost of Rs.2,500/-; Original Application No.507 of 2024 restored.
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| 20.08.2026 | Exh | Roznama-MDRT-II M.A. No.21 of 2026 |
Next date |
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| Mr Rajesh Nagori a/w Ms Tejasvi Dalvi, Advocates for the Applicant. None for Respondent. The Applicant has preferred this Misc. Application for Condonation of delay of 241 days in filing Application for restoration of O.A. No.507 of 2024. |
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| Ld. Advocate for the Applicant submitted that the O.A. was filed to recover the amount of Rs.4,67,90,872/- from Defendants as on 28.09.2016. On 17.07.2025, the Applicant has got the knowledge that the matter is dismissed. The brief was also not traceable. That on 20.08.2025, a reminder email was sent to the Bank to provide copy of O.A. if available with the Bank. In November, the instructions had come for taking the certified copy of the impugned Order is applied on 15.11.2025 and the same was delivered on 24.11.2025. Ld. Advocate further submitted that O.A. was registered on 19.04.2024 and matter has come on board on 28.08.2024 and the same was adjourned to 12.11.2024 before |
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Registrar and issued summons on same date and further adjourned to 07.03.2025. On 07.03.2025, none appeared the matter was on dismissal board on placed 21.04.2024. Since nobody appeared, the matter got dismissed on 17.07.2025.
The status of the matter was not uploaded on the site and keeping check daily on board wsa impossible. The Applicant came to know that on 17.07.2025, the O.A. has been dismissed, when the Applicant wanted to apply for return of original documents since the mortgaged property was sold. The O.A. got declined but the same is unintentional and due to bonafide reasons and circumstances beyond the control of the Applicant.
The Applicant has also filed claim affidavit and list of documents to take recovery from the defendants. Therefore, the Applicant filed the present M.A. No.21 of 2026 to restore the O.A. and the O.A. be taken up for hearing in accordance with due process of law.
Respondent is already set ex-parte vide order dated 11.08.2026.
Heard, considered the arguments and
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| perused the record. | ||
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| That reason and ground prima-facie appears satisfactory in the absence of any objection. |
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| Hence, in the above facts and circumstances of the case, M.A. No.21 of 2026 is allowed subject to cost of Rs.2,500/- payable to DRT Bar Association, Mumbai for purchase of books and periodicals. Original Application No.507 of 2024 be restored after due procedure. File be consigned to the record room after due compliance. |
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| Srishti -17 | Sd/- P.O. DRT-II |
Closed |
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1 issue framed by the court
Whether the condonation of delay in filing Miscellaneous Application No.21 of 2026 for restoration of Original Application No.507 of 2024 is permissible in the facts and circumstances of the case.
The Applicant
The Respondent
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
