TRIMURTI INSTITUTE OF MANAGEMENT STUDIES AND ORS vs ANYONYA CO OPERATIVE BANK LTD on 25 August 2023

DEBTS RECOVERY TRIBUNAL AHMEDABAD (DRT 2) 1294/2022 TRIMURTI INSTITUTE OF MANAGEMENT STUDIES AND ORS V/S ANYONYA CO OPERATIVE BANK LTD Date:25/08/2023

The Applicant has filed present MA no 14.06.2022 vide Diary number 1294 of 2022 to recall order dated 10.07.2013 passed in SA no 48 of 2008 in view of order 05.05.2020 passed by Apex Court regarding power of Co- operative Bank to take measure under SARFAESI Act. He has cited that in view or order passed Suo Moto in WP(C) 3 of 2020 by Apex Court on 10.01.2022 the period of limitation shall be excluded from 15.03.2020 till 28.02.2022 for purpose of limitation. He has however filed this MA on 14.06.2022 hence it has been filed beyond period of limitation because to restore a suit or appeal or application for review or revision or to set aside a decree passed Ex-parte is only 30 days from the date of order or dismissal of suit. The matter is lingering since 02.09.2022 and 03.04.2023 Mr. D.D.Chuahan sought time to remove objection but even after 7 adjournment from 03.04.2023 none is appearing nor objection has been removed. It appears Applicant is not interested to persecute the case since objection has not been removed, application is declined to registered and file to be consign to record.

Registrar AHMEDABAD DRT 2