Debts Recovery Tribunals and Appellate Tribunals

ORIENTAL BANK OF COMMERCE vs Ms Mahamaya Distributor And Ors on 9 April 2019

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KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. MA/11/2019

\_\_\_\_\_ Vs \_\_\_\_\_

<table border="1"> <thead> <tr> <th data-bbox="120 185 195 260">Date of Order</th> <th data-bbox="195 185 775 260">Order with Signature</th> <th data-bbox="775 185 905 260">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="120 260 195 995"></td> <td data-bbox="195 260 775 995"> <p><b>MA/11/2019 (O.A./149/2014) Oriental Bank of Commerce Vs M/s Mahamaya Distributors &amp; others</b></p> <p><b>Date : 09.04.2019</b></p> <p>Present :</p> <p>Ms P.N. Singh, Learned Counsel for Misc. Applicant</p> <p>None for Defendants.</p> <p>Put up petition being IA No. 231/2019 has been filed by the Misc. Applicant, Oriental Bank of Commerce, praying for recall of the order dated 08.03.2019 and restoration of the O.A./149/2014 to its original number and file.</p> <p>Affidavit of service is filed by the Misc. Applicant according to which notices have been served upon the Defendant Nos. 1 to 4. By post, track report filed.</p> <p>Learned Counsel for Misc. Applicant submits that the Defendants have been served by paper publication in O.A./149/2014 as the regular mode of service could not be effected upon the Defendants. Since the Defendants were not appearing in the O.A./149/2014, the Defendants have been set ex parte vide Tribunal's order dated 14.03.2018.</p> <p>None is appearing for the Defendants.</p> <p>Heard the Learned Counsel for the Misc. Applicant.</p> <p>The ground taken by the Learned Counsel for Misc. Applicant is considered.</p> <p>The MA/11/2019 arising out of O.A./149/2014 is allowed</p> <p>The order dated 08.03.2019 is recalled and the O.A. being No. 149/2014 is restored to its original number and file.</p> <p>MA/11/2019 and the IA/231/2019 are accordingly disposed of.</p> <p>The Applicant Bank files English translated copy of the Bengali title deed, taken on record.</p> <p style="text-align: right;"></p> </td> <td data-bbox="775 260 905 995"></td> </tr> </tbody> </table>

KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. MA/11/2019

Vs

<table border="1"><thead><tr><th data-bbox="131 258 201 333">Date of Order</th><th data-bbox="201 258 784 333">Order with Signature</th><th data-bbox="784 258 908 333">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td></td><td><p>Learned Counsel for Applicant Bank argues the matter.</p><p>Matter is reserved for order.</p><p>Copy of the order be given to the parties.</p><p style="text-align: right;"><br/>(M.S. Rao) 09-04-2019<br/>Presiding Officer<br/>Kolkata DRT No. 2</p></td><td></td></tr></tbody></table>

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