MS SHREEJI AUTOWORLD PVT LTD vs UNION BANK OF INDIA (CORPORATION BANK) on 24 January 2025

<table border="1"> <tr> <td data-bbox="91 71 218 114">24.01.2025</td> <td data-bbox="218 71 798 114"><u>Roznama-MDRT-III</u><br/><u>M.A. No. 133 of 2023</u></td> <td data-bbox="798 71 898 114">Next<br/>date</td> </tr> <tr> <td data-bbox="91 114 218 882"> <p>Typist by:-<br/>S.S. Dhamales, PS</p> </td> <td data-bbox="218 114 798 882"> <p>Advocate Ms. Mittal Munoth for the Applicant.<br/>Advocate Ms. Preeti Barde for the Respondent Bank.</p> <p>Grounds mentioned in the Application perused.</p> <p>According to the counsel for the Applicant, the Advocate for the Applicant had an urgent matter before the Hon'ble Bombay High Court on 11.04.2023, so, Advocate for the Applicant was not able to appear before this Tribunal on 11.04.2023 and on or around 13.04.2024, Advocate for the Applicant, while verifying the case status, was surprised to learnt about the dismissal of S.A. No.22 of 2017, so, the Applicant filed the present M.A. for restoration on 15.04.2023.</p> <p>Though there is negligence on the part of the Advocate for the Applicant as S.A. No.22 of 2017 was dismissed on 11.04.2023 and the Applicant must have depute someone to appear as the Applicant remained absent also on the previous date i.e. 23.11.2022 and even after filing the present M.A., the Applicant failed to pursue this M.A. and moved Application for urgent hearing when the sale was scheduled by the Respondent Bank for 29.01.2025 but, it is settled law that due to negligence of the Advocate, the parties should not suffer.</p> <p>In the interest of justice, the Order dt.11.04.2023 passed in S.A. No.22 of 2017 is hereby set aside and M.A. No.133 of 2023 is hereby allowed. The Applicant is burdened with the payment of cost of Rs.20,000/- to be paid to the Respondent Bank and if the Applicant pays the same then, S.A. No.22 of 2017 be restored to its original number and list the same before this Tribunal on 28.01.2025 for the purpose already fixed.</p> <p>File of M.A. No.133 of 2023 be tagged with the restored S.A. No.22 of 2017.</p> <p style="text-align: right;"> <br/> P.O.<br/> DRT-III </p> </td>

<p>Closed</p> </td> </tr> </table>