Debts Recovery Tribunals and Appellate Tribunals

AXIS BANK vs Union Batteries Pvt Ltd on 30 April 2022

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Presented on:

16.11.2018

Registered on:

05.12.2018

Decided on:

30.04.2022

Duration:

Y M D

03 05 14

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

MISCELLANEOUS APPLICATION No.64/2018

TOTAL CLAIM AMOUNT –Rs.10,22,10,108.17Ps

Axis Bank Ltd.,

Registered Office at:

Trishul,

3rd

Floor,

Opp.

Samartheshwar Temple, Law

Garden,

Ellis

Bridge,

Ahmedaba – 380 006

Corporate Office at

Axis

House,

C-2,

Wadia

International Centre, P.B. Marg,

Worli, Mumbai – 400 025

Corporate Banking Branch at:

214/2015, City Mall, University

Road, Pune – 411 007.

… Applicant

Versus

1. Union Batteries Pvt. Ltd.,

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

2. Shri

Gagan

M

Patwardhan

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

And also at :

97, National Co-op. Housing

Society, Baner Road, Aundh,

Pune – 411 007.

3. Shri Nachiket C Paranjpe

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

And also at :

97, National Co-op. Housing

Society, Baner Road, Aundh,

Pune – 411 007.

4. BUI Pvt. Ltd.,

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

5. Real Things Batteries Pvt. Ltd.,

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

6. M/s. Union Exports

Universal

House,

426/1,

Gokhale Road, Shivaji Nagar,

Pune – 411 016.

7. Edelweiss Asset Reconstruction

Company Ltd.,

Having its office at : Edelweiss

House, Off. CST Road, Kaline

Mumbai 400 098

(For and as Assignee of Bank of

India)

8. Edelweiss Asset Reconstruction

Company Ltd.,

Having its office at : Edelweiss

House, Off. CST Road, Kaline

Mumbai 400 098

(For and as Assignee of EXIM

Bank)

9. Tata Capital Ltd.,

DGP House, Old Prabhadevi

Road, Mumbai – 400 025.

… Opponents

APPEARANCES

For the Applicant

Mr. Deepak Deshpande - Advocates

Opponents

Ex - Parte

Shri Dilip G Murumkar

Presiding Officer

ORDER DELIVERED ON : 30.04.2022

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ORDER

1. This is an application for setting aside order dated 26th September, 2018 for dismissal of Original Application No.128/2015 for want of evidence.

2. The opponents failed to appear in this proceeding despite service of Notice. Hence, application proceeded ex parte against them and order dated 29th April, 2022 to that effect has been filed below Exhibit-1.

3. Heard Advocate for the applicant bank.

4. It is the contention of the applicant that on 26th September, 2018 when impugned order of dismissal for want of evidence was passed, the applicant was not having original documents in his custody for production due to internal issues of applicant bank and on that ground adjournment was sought but was rejected.

5. The applicant bank has sanctioned and disbursed a loan of Rs.10,22,10,108/- to the opponent No.1 and opponent Nos.2 to 6 were guarantors for the said loan transaction. As opponents failed to repay the loan, the applicant bank filed this Original Application for recovery of the said loan. The loan amount is public money. The application for recovery of loan was filed in the year 2015 whereas same has been dismissed in the year 2018. Thus, the application was not too old for disposal by any mode. This fact and circumstance has not been considered while dismissing the application.

6. The grounds mentioned in the application appear to be suffice to allow this application. No prejudice would be caused to the opponents as they would get an opportunity to contest the main application. Hence, the following order:

ORDER

(A) The application is allowed. (B) The order dated 26th September, 2018 of dismissal of OA No.128/2015 for want of evidence is hereby quashed and set aside. (C) OA No.128/2015 be restored to its original stage. After restoration issue fresh notices to the defendants therein. (D) The applicant bank shall deposit Rs.5,000/- (Rupees Five Thousand only) with Pune DRT Bar Association within two weeks from today and this order is condition precedent. (E) Pronounced in open Court.

Sd/- (Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune

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