Debts Recovery Tribunals and Appellate Tribunals

ZAHID MEHMOOD MITHAWALA vs KOTAK MAHINDRA BANK LIMITED on 23 January 2024

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<table border="1"><tr><td>23.01.2024</td><td><u>Roznama-MDRT-III</u><br/><u>M.A. No. 6 of 2024</u></td><td>Next date</td></tr><tr><td></td><td><p>Advocate Mr. Shehzad for the Applicant.<br/>Respondent Bank absent.</p><p>Heard on Miscellaneous Application.</p><p>After perusal of the record, this Tribunal finds force in the contention of the Applicant that the matter was dismissed on the date when the Applicant was not supposed to appear as in this case earlier the case was fixed for 12.09.2023. But, on that date, due to heavy pendency of urgent matters of DRT-2, Mumbai, whose Presiding Officer was on leave and due to heavy pendency of urgent matters of this Tribunal, the case was adjourned to 14.12.2023 for the purpose already fixed. But, the matter was put up before this Tribunal 14.11.2023 in place of 14.12.2023 and on 14.11.2023, the Applicant was absent and then the case was adjourned to 08.12.2023 granting opportunity to the Applicant to appear and argue the case, but again on 08.12.2023, the Applicant was absent and case was dismissed.</p><p>From the Order-sheet, this Tribunal can see that that the mistake in dismissal of the case has taken place as the case was put up before this Tribunal on a wrong date i.e. 14.11.2023 whereas, the matter was supposed to be put up on 14.12.2023 and</p></td><td></td></tr></table>

23.01.2024 M.A. No. 6 of 2024

there is no fault of the Applicant in not appearing on 14.11.2023 and 08.12.2023, when the case was dismissed.

Since the mistake has happened because of negligence of the staff of this Tribunal, so, the Applicant cannot be made to suffer. The present M.A. was filed on 18.12.2023 after 4 days when the case was originally fixed for 14.12.2023. The Respondent Bank is not appearing despite service, to object for restoration of this S.A. In the peculiar facts and circumstances of the case, this Miscellaneous Application is allowed and Securitisation Application No.181 of 2018 is restored to its original number.

Let the Respondent Bank be informed once again about this restoration and they are directed to appear on 20.03.2024 in S.A. No.181 of 2018 to file the Reply to S.A. Accordingly, M.A. No.6 of 2024 is allowed. Intimation regarding this restoration be also sent to the Respondent Bank by the Registrar of this Tribunal.

This File of M.A. No.6 of 2024 be tagged with S.A. No.181 of 2018.

P.O. DRT-III

**Closed**

Typed by - S.S. Dhawale, P.S.

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