Debts Recovery Tribunals and Appellate Tribunals
M/s Bhagra Resorts Pvt Ltd vs The Himachal Pradesh State Cooperative Bank Ltd on 29 August 2019
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
DEBTS RECOVERY TRIBUNAL-I CHANDIGARH
MA No.65/19 In MA No.63/11 In SA No.169/10 M/s Bhagra Resorts (Pvt) Ltd Versus The Himachal Pradesh State Cooperative Bank Ltd 29.08.2019 Item No.13 Present: Shri Diwan Sharma, counsel for the applicant
Shri Manjul Sood, counsel for the respondent bank In response to service report filed by the applicant the counsel for the respondent bank appeared. Prayer of the applicant in the MA is that to recall the order dated 09.05.2019 and restoration of MA No.63 of 2011 dismissed for non prosecution on the part of the applicant which was filed in the SA No.169/10 stating that there was instruction to the counsel to withdraw the MA but due to some personal difficulty he could not reach the court in time and MA was dismissed for non prosecution. The non appearance of the applicant was neither willful nor deliberate and it was due to the reason as explained. He has further informed that the respondent bank has already proceeded under the Arbitration and Conciliation Act and an award has been passed by Learned Arbitator under Section 17 (2) of H.P. Cooperative Society Act, 1968 by Dy. Registrar Co-operative Societies (Bank), HP Shimla. I have heard the counsel for the applicant as well as counsel for the respondent bank. The counsel for the respondent bank has not pleaded any objection to the averments made by the applicant. Since the only prayer of the applicant is that he wants to withdraw the MA No.63 which was dismissed in default as the respondent bank has already proceeded under the Arbitration and Conciliation Act and an award has been passed by Learned Arbitator under Section 17 (2) of H.P. Cooperative Society Act, 1968 by Dy. Registrar Co-operative Societies (Bank), HP Shimla. Therefore, prayer of the applicant is allowed and order dated 09.05.2019 is hereby recalled and MA is hereby restored. Copy of this order be placed in MA No.63/19 file. This file be tagged alongwith SA.
(Harcharn Singh), Presiding Officer, DRT-I, Chandigarh