Debts Recovery Tribunals and Appellate Tribunals
SMT SAMPA BHARATI vs CANARA BANK on 14 May 2026
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
Rina S. Order Sheet (continuation) Case No. NDN/193/2025 Arising out of OA/72/2019 SMT. SAMPA BHARATI VS. CANARA BANK Date of the Order Office action with date and dated Signature of Parties when necessary 14/05/202
Ld. Counsel Mr. Tapas Kumar Patra appeared for NDN Applicant. Ld. Counsel Mr. Surath Chakraborty appeared for Defendants. NDN Applicant has filed an application under section 22(2)(g) of the Recovery of Debts and Bankruptcy, Act 1993 for setting aside exparte judgment dated 05/02/2024 and Recovery Certificate dated 28/02/2024. NDN Applicant has filed another application being IA/633/2025 for condonation of delay of 99 days for filing application for setting aside exparte judgment. Limitation to file application for setting aside exparte judgment is 30 days. Judgment was delivered on 05/02/2024. Recovery Certificate issued on 28/02/2024 and application for recall of exparte judgment filed on 26/02/2025. Applicant has contended during the pendency of OA father-in-law of Applicant was suffering from cancer and died on 22.04.2018. Within a one-year defendant’s mother-in-law expired on 02.02.2024. After death of father-in-law and mother-in-law, DEBTS RECOVERY TRIBUNAL 1, KOLKATA
Rina S. Date of the Order Office action with date and dated Signature of Parties when necessary family of the Applicant was mentally disturbed. Thereafter, mother of Advocate had some health issue for which Applicant could not apply for certified copy. Applicant has annexed a discharge certificate which is not legible and discharge summary which speaks that the patient has some orthopedic problem and was advised for 10 days’ rest. The reasons assigned by the Applicant are not sufficient to explain the delay. Hence, delay condonation petition being IA/633/2025 is dismissed on contest. NDN/193/2025 arising out of OA/72/2019 is also dismissed. (Ambuja Mohan Das) Presiding Officer