Smit Agro Food vs Oriented Bank Of Commerce on 19 December 2018

Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

Case No. M.A. 54/18 Sumit Agro Food V/s OBC Date : 19.12.2018 Present Shri K.Kapoor, Counsel for the Applicant Shri Rajkumar, Counsel for the Respondent Bank In the present matter the S.A. no. 169/2017 filed by the applicant M/s Sumit Agro food was dismissed in default on 06.06.2018. The applicant has now moved an Miscellaneous Application with a payer to restore the application (S.A no. 169/2017) which was filed by him. Perused the M.A. and heard the parties. In para no. 2 of the M.A., the applicant took plea that his counsel was busy in some other case at session Court, Bani Park, Jaipur and due to long argument, he could not attend the Tribunal (DRT) and so SA no. 169/12017 was dismissed in default. The reason, as above, through not supported with any documentary evidence, seems to be reasonable and so I am of the view that the application can be allowed, subject to cost of Rs. 5,000/- to be deposited with the DRT, Bar Association, Jaipur within a period of 30 days from today.

Accordingly, the MA is allowed subject to a above condition and this Miscellaneous application is disposed off.

Presiding Officer DRT, Jaipur