BANK OF INDIA vs SHRADDHA S. DALVI on 4 September 2025

ORDER

Chamber Appeal No. 01/2023 (Decided on 4th September, 2025)

Bank of India ..Appellant Versus

Mrs. Shraddha Sanjay Dalvi & Others

..Respondents

1. This appeal emerges from Order dated 1st December, 2022 passed by the Ld. Registrar declining Original Application L.- No.501/2019 (D-No.1949/2019). The appellant has sought relief to set aside the order passed by the Ld. Registrar and restore the Original Application L.-No.501/2019 (D-No.1949/2019).

2. The appellant herein has filed Original Application for recovery of loan amount from the respondents. Objections were raised by the Ld. Registrar but the learned Advocate for appellant herein failed to remove the office objections within prescribed period. Therefore, the Ld. Registrar declined to register the same.

3. At this juncture, it is to be noted that principle of natural justice is that the client shall not suffer for negligent act of the Advocate. In the present case, the learned Advocate for the appellant herein failed to remove the office objections. The appellant herein has filed Original Application for recovery of loan amount which is public money. If an opportunity to remove office objections is given to the appellant, no prejudice would be caused to the respondents as they will get an opportunity to contest the same. In view of these observations, appeal deserves to be allowed. Therefore, I pass the following order:

2

(KAUR)

ORDER

A. The appeal is hereby allowed. B. The appellant bank herein is permitted to remove office objections and get Original Application L.-No.501/2019 (D- No.1949/2019) registered/numbered within three weeks from today. C. The appellant shall pay cost of Rs.5000/- to Bharatiya Stri Shakti Jagran within two weeks from today. D. This application is disposed of.

Sd/-

(Dilip G Murumkar) Place : Pune

Presiding Officer Date: 04.09.2025 Debts Recovery Tribunal, Pune