Debts Recovery Tribunals and Appellate Tribunals
DECEASED HAKHUBEN AMRABHAI BHARWAD vs KALUPUR COMMERCIAL COOPERATIVE BANK on 23 February 2019
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CONTD. ORDER-SHEET
PAGE NO. .... 05 .....
CASE NO. .... M.A. 13/19 .....
<table border="1"><thead><tr><th data-bbox="48 71 221 94">DATE</th><th data-bbox="221 71 766 94">DESCRIPTION OF THE ORDER</th><th data-bbox="766 71 937 94">REMARK</th></tr></thead><tbody><tr><td data-bbox="48 94 221 940">M.A.13/19<br/>23.02.2019</td><td data-bbox="221 94 766 940"><p style="text-align: center;"><u>Exh-07</u></p><p>Ld. Counsel Shri A.Y. Mehta is present on behalf of applicant.</p><p>Ld. Counsel Shri J.K. Sheth is present and filed Vakalatnama on behalf of the respondent bank and also filed reply.</p><p>Having heard the Ld. Counsel for the parties and after perusal of records, it appears that both the parties jointly filed one Affidavit and obtained one order with mutual concurrence vide which the applicants agreed to pay amount of the bank within certain period.</p><p>The bank at relevant time in order to recover its dues accepted such proposal.</p><p>Now, there is default. Legally speaking, bank is entitled to invoke default clause and proceed further. However, the applicants have pleaded certain medical grounds to establish delay and default in payment. The applicants would be at liberty to make representation to the bank and bank would consider said representation as per its banking norms and policy sympathetically. But on the allegations made in the application and in view of earlier order and default clause, this Tribunal is hesitant to entertain this M.A.</p><p>It is made clear that this order would not be treated as any direction to the bank either to accept or reject ther compromise proposal. The bank will be at liberty to take decision on its own as per its banking policies.</p><p>Accordingly, M.A. is disposed of.</p><p>Let copies of this order be supplied to the parties as per rules.</p><p style="text-align: right;">(Vinay Goel)<br/>Presiding Officer<br/>DRT-1, Ahmedabad</p></td><td data-bbox="766 94 937 940"></td></tr></tbody></table>