Debts Recovery Tribunals and Appellate Tribunals
Union Bank Of India vs Mr Munish Kumar on 15 May 2024
Sanap
Presented on
:
28.01.2019
Registered on
:
26.03.2019
Decided on
:
15.05.2024
Duration
:
Y M D
05 03 18
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
(Before Shri Dilip G Murumkar, Presiding Officer)
MISCELLENOUS APPLICATION No. 24/2019.
Union Bank of India,
A body corporate constituted under the
Banking
Companies
(Acquisition
&
Transfer of Undertakings) Act, 1970,
having its head office at 239, Vidhan
Bhavan Marg, Nariman Point, Mumbai -
400021 and Branch Office at Shop No.1,
Global Trust Hospital, BLG, Sector 1,
Indrayani Nagar, Bhosari, Pune 411039.
.. Applicant
Versus
Mr. Munish Kumar,
Age : Adult, Occ. Business,
R/o : Flat No. B-12, Atharva Apartment,
Plot No. 57, Sector No.1, Indrayani
Nagar, Bhosari, Pune 411039.
Add 2 : - House No. 70, 1st Floor, Pocket 16, Sector 24, Rohini Rithala, North West Delhi 110085.
Sanap
Mr. Mohit Shrikrishnalal Sidhwani,
Age : Adult, Occ. Business,
R/o : Sector 7, Alcon Square Building,
E-08, Indrayani Nagar, Bhosari, Pune
411039.
Mrs. Mona Munish Kumar,
Age : Adult, Occ. Business,
R/o : Flat No. B-12, Atharva Apartment,
Plot No. 57, Sector No.1, Indrayani
Nagar, Bhosari, Pune 411039.
.. Opponents
APPEARANCES
For Applicant
Advocate Rinku Agarwal.
For Opponents
Ex parte.
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JUDGMENT
(Delivered on 15th May, 2024)
1. By this application, the applicant Bank has claimed to set aside order dated 14.12.2018 thereby dismissed O.A. No. 86/2018 and restoration of the same.
2. The opponents despite service of notice, failed to appear, and therefore, the application proceeded exparte vide Order dated 25.07.2022.
3. Heard the learned advocate for the applicant Bank. He submitted that though O.A. No. 86/2018 was pending for deciding question as to whether summons issued against the Sanap defendant therein/present opponents were duly served or not, the OA has been dismissed for default on account of absence of the applicant. Therefore, the same is to be restored by setting aside impugned order of dismissal. Hence, he prayed for granting the application.
4. The following points arise for my determination and I record my findings thereon as under:
(1) Whether the applicant Bank is entitled for reliefs claimed in prayer clause of this application ?
(2) What order ?
Findings :
1. Point No.1 – In the affirmative.
2. Point No.2 – As per final order.
REASONS
5. As to Point Nos.1 and 2 :- Perused the record. Admittedly, the applicant Bank has filed recovery suit bearing O.A. No. 86/2018 against the present opponents which is public money. If OA is restored by setting aside order of dismissal for default, no prejudice would be caused to the present opponents as they will get an opportunity to contest the same. Therefore, application deserves to be Sanap allowed. Hence, I pass the following order.
ORDER
(A) Miscellaneous Application No. 24/2019 is allowed. (B) Order dated 14.12.2018 of dismissal of Original Application No. 86/2018 is hereby quashed and set aside. (C) Original Application No. 86/2018 be restored to its original stage. (D) The applicant Bank shall pay costs of Rs.15,000/- (Rs. Fifteen Thousand only) to Sahyadri Devgiri Samajik Sanstha within two weeks from today.
Pronounced in open Court.
Place : Pune Date : 15.05.2024 Sd/- (Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune.