Debts Recovery Tribunals and Appellate Tribunals
Sri Monoranjan Mondal vs STATE BANK OF INDIA on 15 November 2021
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Page No.**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2****ORDER SHEET**
(Continuation)
Case No. MA/14 of 2018 (OA/395/2016)Sri Monoranjan Mondal
Vs
State Bank of India
<table border="1"> <thead> <tr> <th data-bbox="75 185 158 261">Date of Order</th> <th data-bbox="158 185 805 261">Order with Signature</th> <th data-bbox="805 185 945 261">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="15 271 158 335">Order No.15<br/>Dated :<br/><u>15/11/2021</u></td> <td data-bbox="158 271 805 995"> <p>Counsel for the parties:</p> <p>For Applicant : None</p> <p>For Defendant Bank : None</p> <p>The M.A. No.14 of 2018 is disposed of. RC is restored. Judgement / Final Order in separate sheet.</p> <p style="text-align: right;">By order</p> <p style="text-align: right;">(M. S. RAO)<br/>Presiding Officer<br/>DRT-2, Kolkata</p> </td> <td data-bbox="805 271 945 995"></td> </tr> </tbody> </table>
11/16/21, 2:20 PM~ (2156x3048)1M.A./14/2018 – DRT-2/KolORDER SHEETDEBTS RECOVERY TRIBUNAL - 2, KOLKATAJeevan Sudha Bldg. 7<sup>th</sup> Floor, 42/C, J.L. Nehru Road, Kolkata – 700 071M.A. No.14 of 2018 in O.A./ 395 of 2016
Monoranjan Mondal & ors. vs State Bank of India <table border="1"> <thead> <tr> <th data-bbox="191 254 271 331">Date<br/>Of<br/>Order</th> <th data-bbox="271 254 811 331">Order with<br/>Signature</th> <th data-bbox="811 254 948 331">Office action<br/>with date and<br/>dated signature<br/>of parties when<br/>necessary</th> </tr> </thead> </table>
Order No.15 15.11.2021
Counsel for the parties:
Mr. Nimish Mishra, Ld. Counsel appeared for the Misc. Applicant / defendants.
Mr. Subrata Ghosh, Ld. Counsel appears for the Applicant Bank.
Upon perusal on papers and documents available on records it is observed that the ex-parte Final Order / Judgment dated 23.02.2018 in O.A./395 of 2016 has been passed; subsequently, the Recovery Certificate being RC No.62 of 2018 (in SBI vs Monoranjan Mondal & Anr.) in this matter has already been issued on 24.03.2018. Thereafter, the Defendants / borrowers have filed the aforementioned Misc. Application being M.A./14 of 2018 on 02.05.2018 praying for recalling the ex-parte Order / Judgment dated 23.02.2018 under Section 22(2)(g) of the RDDB&FI Act, 1993 read with Rule 18 of the Dents Recovery (Procedure) Rules, 1993 in its original file and number, and also praying for condonation of delay of 8 days in preferring the M.A. case.
Affidavit-in-opposition on behalf of Bank against the M.A. filed on 26.06.2019, also filed Affidavit-in-opposition against the application for condonation of delay on 26.06.2019.
The connected / analogous MAs being MA No.16 to MA No.27 of 2018 were disposed of by an order dated 01.10.2019, such has been mentioned vide order dated 23.03.2021 in this matter. The detailed Order(s) have passed on the aforementioned M.A.s on 01.10.2019. The M.A.s were allowed on certain conditions, as under:
*"The ex-parte Final Order / Judgment dated 23<sup>rd</sup> February 2018 in all the O.A.s except O.A./ 389 of 2016 in which case the order is dated 16<sup>th</sup> February 2018 are hereby set aside and the connected O.A.s are restored to their files and numbers.*
*The applicants of each M.A. shall pay Rs.5000/- to the OP / original applicant Bank within 21 days from the date of this order.*
Contd. P/2
https:
1, 2:20 PM- (2252×3184)2M.A./14/2018 - DRT-2/Kol The written statements in the respective O.A.s must be filed by the defendants No.2 & 3 within 21 days upon prior service to the other side.
In the event of failure to comply with the above directions, the orders to set aside the ex-parte orders dated 23<sup>rd</sup> February 2018 / 16<sup>th</sup> February 2018 shall stand set aside and the original orders shall be restored."
I have gone through the papers and documents filed by the parties. This Tribunal is of the opinion that the Misc. Applicants / borrowers have not complied with the direction / conditions of the Order dated 01.10.2019. Despite opportunities granted the Misc. Applicants / borrower(s) have not deposited Rs.5000/- with applicant Bank nor filed the written statement as per order dated 01.10.2019. The ex-parte Final Order / Judgment delivered on 23.02.2018 in O.A./395 of 2016; and subsequently, it is seen that the Recovery Certificate being RC No.62 of 2018 has been issued in this matter on 24.03.2018.
In view of the above, I am of the considered view that the ex-parte Final Order / Judgment delivered on 23.02.2018 in this matter; and subsequently, the Recovery Certificate has been issued in O.A./395 of 2016 on 24.03.2018 are hereby restored in its original file, and the Recovery Certificate issued in the O.A./395 of 2016 shall remain in force.
All I.A.s, if any, stand disposed of. No order as to cost.
This order is dictated and corrected by the undersigned and pronounced on this the 15<sup>th</sup> day of November, 2021.
File be consigned to Record Room.
This order is passed by virtual hearing through video conference and none appeared for both sides.
Copy of the Order be uploaded in the Tribunal's Website.
Sd/-
(Makena Srinivasa Rao) Presiding Officer DRT-2, Kolkata.
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