Debts Recovery Tribunals and Appellate Tribunals
MS WAI TALUKA SAHAKARI SOOT GIRNI LTD vs IDBI BANK on 23 June 2022
(RK)
DEBTS RECOVERY TRIBUNAL, PUNE
ROZNAMA
MA No.01/2022
Date
on
which
the
Application
comes
before
the
Tribunal
for
any
proceedings
Class
ificat
ion
of
docu
ment
No.
of
exhi
bit
Applicant/s – M/s. Wai Taluka Sahkari Soot Girni Ltd., and another
Vs.
Defendant/s – IDBI Bank Ltd., and others Date on which appeal or application is adjourned
23.06.2022
Mr. Sumukh Valimbe i/b Mr. Deepak D
Deshpande – Advocate for the applicant
Mr. Vijay V Chandavale – Advocate for the defendant bank
1. Arguments of the learned Advocates for both parties heard.
2. Miscellaneous Application No.01/2017
is allowed.
3. Registry to register the application for setting aside ex-parte order passed in OA No.478/2018 immediately.
4. Proceeding be closed.
Sd/-
PO
(npb)
Presented on:
12.10.2021
Registered on:
10.01.2022
Decided on:
23.06.2022
Duration:
Y M D
0 8 11
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
(Before Shri Dilip G Murumkar, Presiding Officer)
MISCELLANEOUS APPLICATION No.01/2022
1.
M/s. Wai Taluka Sahakari Soot Girni
Ltd.,
A Co-operative Society registered under
the Maharashtra State C-operativbe
Societies Act, 1960 and having its
Registered Office at At & Post –
Bavdhan, Taluka-Wai, District-Satara –
412 803.
2.
Shri Shashikant Madanrao Pisal,
At/Post Bavdhan, Tal-Wai, District –
Satara – 412 804.
… Applicants
Versus
1.
IDBI Bank Limited,
Branch at 999/1000 Brahmanshahi Wai-
412 803, District-Satara.
2.
Shri Narayan Rajaram Jadhav,
H.No.2354,
Songirwadi,
Tal-Wai,
District-Satara-412 803.
3.
Shri Prataprao Gopalrao Pawar,
At/Post
Udatare,
Tal-Wai,
District-
Satara-415 515
4.
Shri Dharmajirao Shirke,
At/Post-Pasarani,
Tal-Wai,
District-
Satara – 412 803.
(npb)
5.
Shri Suresh Rao Babar,
At/Post-Kikali,
Tal.-Wai,
District
–
Satara-412 803.
… Respondents
APPEARANCES
For the Applicants
Mr. Sumukh Valimbe i/b Mr.
Deepak D Deshpande - Advocate
For Respondents
Mr. V V Chandawale - Advocate
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
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JUDGMENT
(Delivered on 23rd June, 2022)
1. By this application, the applicants/Original defendants have claimed to condone the delay of 18 (eighteen) months in filing the Application for setting aside ex-parte Order dated 20th March, 2020 passed in Original Application No.478/2018.
2. The learned Advocate for the respondents (original applicants) by oral arguments resisted the application.
3. I have heard arguments of both parties.
4. Perused record. Admittedly, the Original Application No.478/2018 has been disposed of ex-parte on 20th March, 2020. According to present applicants, they came to know the said Order on 20th August, 2021. Therefore, they obtained certified copy of ex-parte Order on 24th August, 2021 and filed this application on 12th October, 2021. Thus, there is delay of 18 months in filing the present application
(npb)
for setting aside ex-parte Order passed in Original Application No.478/2018. According to Respondents, there is no documentary evidence produced on record by the applicants to substantiate their contentions.
5. It is to be noted that the Hon’ble Supreme Court by its Order suspended Limitation period from 15th March, 2020 to 28th February, 2022 due to pandemic. The present ex- parte Order was passed on 20th March, 2020. Considering this fact and first knowledge of impugned Order i.e. 20th August, 2021, I am of opinion that there is no delay. Therefore, the application deserves to be allowed.
6. Hence, I pass the following order:-
ORDER
(A) Miscellaneous Application No.01/2022 is allowed. (B) Registry to register the application for setting aside ex- parte Order passed in Original Application No.478/2018 immediately. (C) Pronounced in open Court.
Sd/- (Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune