SUPER MINERAL INDUSTRIES vs BANK OF BARODA on 24 September 2021

IN THE DEBTS RECOVERY TRIBUNAL, JABALPUJR Present: A.H. Khan, Presiding Officer Date of order 24-09-2021 M.A.No.UR of 2020 D.NO.1279/20 (S1.No.51) Present: Counsel for the applicant Mr.Wajid Hyder Mr.P.K.Mohile, Nodal Officer Counsel for the bank The present MA has been filed for recalling the order dtd.18-02-20 passed in SA NO.257/18 by which the said SA was dismissed in default as well as for want of prosecution. Heard Counsel for the parties. The main contention of the Counsel for the applicant is that due to bonafide mistake, he could not see the Court's diary for noting the next date of hearing. Thereafter due to lock down in the court after 22-03-20, application for restoration could not be filed. The order dtd.18- 02-20 was dispatched on 09-07-20 and was delivered to applicant on 12-07-20 during lockdown period. Duly considered submissions. In the interest of justice and in order to hear the matter on merits, the order dtd.18-02-20 is recalled subject to payment of Rs.1000/- to be paid to DRT Bar Association by the applicant. On receipt of proof of payment, Registry is directed to restore SA No.257/18 to its original number and parties are directed to appear before Registrar for fixing next date of hearing. With these directions, the present MA stands finally disposed of. File be consigned to record room. A.H. Khan) Presiding Officer Addl.Charge DRT Jabalpur