MRS KANAK LATA vs RAJDHANI NAGAR SAHKARI BANK LIMITED on 7 January 2025

DEBTS RECOVERY TRIBUNAL LUCKNOW

<table border="1"><thead><tr><th data-bbox="75 186 261 218">Date of order or proceeding</th><th data-bbox="261 186 731 218">Order with signature of court</th><th data-bbox="731 186 864 218">Office action taken with date</th></tr></thead><tbody><tr><td data-bbox="75 218 261 927">MA No.78/2024<br/>07.01.2025<br/>Sl. No.08</td><td data-bbox="261 218 731 927"><p>Ld. Counsels for the parties are present.</p><p>It has been submitted on behalf of the applicant that on 19.01.2024 the SARFAESI Application No.419/2019 was fixed for hearing, but, on that day previous counsel could not appear and the SA was dismissed for non-prosecution on that date. It has also been submitted that the previous counsel did not inform about the status of the case to the applicant. Any how, on 24.5.2024 the applicant came to know about the dismissal of the SARFAESI application. Thereafter, the application for restoration i.e. Misc Application No.78/2024 has been filed without any delay.</p><p>Ld. Counsel for the respondent-bank submits that the present application for restoration is grossly time barred and delayed. Since, it is the case of the applicant that he had no information about the status of the case and the applicant should not be made to suffer for the fault by the lawyer. As such, the application deserves to be allowed. The Misc Application No.78/2024 is hereby allowed.</p><p style="text-align: center;"><i>Kishanendra Yadav</i></p></td><td data-bbox="731 218 864 927"></td></tr></tbody></table>

Continued..... Page No.02 MA No.78/2024 07.01.2025

The order dated 19.01.2024 passed in SARFAESI Application No.419/2019 is hereby set aside and the aforesaid SA be restored to its original number.

Put up on 20.03.2025 for hearing and disposal of the case.

Order be uploaded on the Tribunal's website.

*Kaushale*

(Kaushendra Yadav) Presiding Officer Additional Charge