Debts Recovery Tribunals and Appellate Tribunals
Sri Ajit Paul vs STATE BANK OF INDIA on 15 November 2021
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Page No.**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2****ORDER SHEET**
(Continuation)
Sri Ajit Paul
Vs
Case No. MA/15 of 2018
(OA/407/2016)
State Bank of India
<table border="1"><thead><tr><th data-bbox="78 183 158 258">Date of Order</th><th data-bbox="163 183 808 258">Order with Signature</th><th data-bbox="813 183 946 258">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td data-bbox="78 263 158 1000">Order No.16<br/>Dated :<br/><u>15/11/2021</u></td><td data-bbox="163 263 808 1000"><p>Counsel for the parties:</p><p>For Applicant : None</p><p>For Defendant Bank : None</p><p>The M.A. No.15 of 2018 is disposed of. RC is restored. Judgement / Final Order in separate sheet.</p><p>By order</p><p>(M. S. RAO)<br/>Presiding Officer<br/>DRT-2, Kolkata</p></td><td data-bbox="813 263 946 1000"></td></tr></tbody></table>
11/16/21, 2:19 PM~ (2212x3152)
MA/15/2018 - DRT-2/Kol
ORDER SHEETDEBTS RECOVERY TRIBUNAL - 2, KOLKATAJeevan Sudha Bldg. 7<sup>th</sup> Floor, 42/C, J.L. Nehru Road, Kolkata - 700 071
M.A. No.15 of 2018 in O.A./ 407 of 2016
Ajit Paul & ors. vs State Bank of India
<table border="1"> <thead> <tr> <th data-bbox="151 267 228 356">Date<br/>Of<br/>Order</th> <th data-bbox="228 267 751 356">Order with<br/>Signature</th> <th data-bbox="751 267 881 356">Office action<br/>with date and<br/>dated signature<br/>of parties when<br/>necessary</th> </tr> </thead> </table>
Order No.16
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 of papers and documents available on records it is observed that the *ex-parte* Final Order / Judgment dated 23.02.2018 in the O.A./407 of 2016; subsequently, the Recovery Certificate being RC No.40 of 2018 (in SBI vs Ajit Paul & ors.) has been issued on 05.03.2018. Thereafter, the Defendant / borrower(s) have filed the aforementioned M.A. on 03.05.2018 praying for recalling the *ex-parte* Final 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.*
*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.*
Contd.....Pr2
2MA/15/2018 - DRT-2/Kol
*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. Applicant / borrower(s) have not complied with the direction / conditions of the Order dated 01.10.2019. Despite opportunities granted the Misc. Applicant / borrower(s) have not deposited Rs.5000/- with original applicant Bank nor filed the written statements as per order dated 01.10.2019. The ex-parte Final Order / Judgment delivered on 23.02.2018 in O.A./407 of 2016; and subsequently, it is seen that the Recovery Certificate has also been issued in this matter being RC No.40 of 2018 on 05.03.2018 in this matter.
In view of the above, I am of the considered view that the ex-parte Final Order / Judgment delivered on 23.02.2018 in the O.A./407 of 2016; and subsequently, the Recovery Certificate has been issued in the said O.A. on 05.03.2018 are hereby restored in its original file, and the Recovery Certificate issued in O.A./407 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 15th 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.
Tb
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