Debts Recovery Tribunals and Appellate Tribunals

MS WAI TALUKA SAHAKARI SOOT GIRNI LTD vs IDBI BANK on 23 June 2022

Cites 0, Cited by 0

(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

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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

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