Debts Recovery Tribunals and Appellate Tribunals

DR JAWAHAR BAHADURCHAND KHATRI vs Wardha Nagari Sahakari Adhikosh Maryadit on 13 July 2022

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ORDER SHEET

DEBTS RECOVERY TRIBUNAL, NAGPUR

M.A. No. 51/2016

Dr. Jawahar Bahadurchand Khatri

Vs.

The Authorized Officer, Wardha Nagri Sahakari Adhikosh (Bank), Maryadit 13.07.2022: Counsel for the applicant present.

None present for the respondent bank.

The Learned counsel for the applicant has submitted that due to miss-communication between the parties, S.A. could not be filed within stipulated period and therefore, there is a delay of 51 days in filing the S.A.

Reply to the M.A. has been filed by the respondent bank vide Ex.7 in which it has been stated that grounds taken by the applicant are not tenable in the eyes of law as it has been due to misunderstanding of applicant's Counsel and the same cannot be allowed as the ignorance of Law is no excuse.

In the prevailing circumstances and the material on the record, I find no reason to reject the M.A. on the ground of delay. Therefore, I hereby condone the delay of 51 days. Accordingly, M.A. is hereby allowed in the prevailing circumstances and on the grounds mentioned therein.

I.A. No. 316/2019

After some arguments the Ld. Counsel for the applicant does not want to press I.A. No. 316/2019 at present. Accordingly, the same is hereby disposed of as not pressed.

*Could*

2M.A. No. 51/2016

Contd. 13/8/22

Registry to register the S.A, if otherwise is in order, and to issue summons to the respondent bank. List the matter before Ld. Registrar on 12/08/2022 for appearance of respondent bank.

*Pankaj Kumar* (Pankaj Kumar) Presiding Officer, DRT, Nagpur

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