Debts Recovery Tribunals and Appellate Tribunals

Zinnat Enterprise And Others vs UNITED BANK OF INDIA on 5 July 2021

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Page No.

DEBTS RECOVERY TRIBUNAL - SILIGURI

ORDER SHEET

(Continuation)

Case No. \_\_\_\_\_

Vs

**IA/149/2021 in** **MA-Dy. No.77/2021**

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td style="vertical-align: top; text-align: center;">05.07.2021</td> <td style="vertical-align: top; padding: 10px;"> <p style="text-align: center;"><b>M/s Zinnat Enterprise &amp; Ors</b><br/><b>Vs</b><br/><b>United Bank of India</b></p> <p>The matter has been conducted through Virtual Court/online.</p> <p>Mr. Ajit Kr. Mishra, Ld. Advocate and Ms. Pooja Maiya, Ld. Advocate appear for the Applicants in IA/149/2021.</p> <p>Mr. P. Joarder, Ld. Advocate appears for the respondent bank.</p> <p>The Ld. Counsel for the respondent Bank submits that notices in the TOA/30/2017 were issued and service was effected upon the defendants/borrower through newspaper publication dated 08.12.2017. The respondent Bank had filed the service report along with newspaper publication which was kept on record.</p> <p>The IA applicants had neither filed the reply nor present in the Tribunal after the newspaper publication was made. The respondent bank had filed the evidence-on-affidavit on 06.06.2018 and the written notes of argument on 07.08.2018. The defendant was declared ex-parte vide order dated 22.08.2019. The ex-parte judgment has also been passed on 03.01.2020.</p> <p>The applicant/borrower has filed an application for restoration after expiry of 443 days from 03.01.2021; i.e. the date of issue of Recovery Certificate, along with a petition for condonation of delay. In the contents of the application the delay has not been explained properly.</p> <p>Heard the Ld. Counsel for both the parties.</p> <p>The delay is more than 443 days. Despite newspaper publication, the defendant neither appeared nor filed the written statement.</p> <p>In view of the above, both the restoration applications along with delay application are dismissed.</p> <p>Copy of this order be given of both the parties.</p> <p>File be consigned to the Record Room.</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

(D. S. Mahra) Presiding Officer DRT-Siliguri

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