Debts Recovery Tribunals and Appellate Tribunals

Indian Overseas Bank vs MS Nikita Industries on 12 December 2022

Cites 0, Cited by 0

Presented on:

17.07.2015

Registered on:

14.12.2016

Decided on:

12.12.2022

Duration:

Y M D

7 4 25

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

(Before Shri Dilip G. Murumkar, Presiding Officer)

MISCELLANEOUS APPLICATION No.79/2016

Indian Overseas Bank

A Body Corporate constituted under

the Banking Companies (Acquisition

and Transfer of Undertakings) Act V

of 1970 and having its Head Office at

763, Anna Salai, Chennai and branch

office

amongst

other

places

at

Dahanukar

Colony

Branch,

Tal.

Haveli, District Pune.

… Applicant

Versus

M/s. Nikita Industries

A Proprietory Concern of Mr. Sanjay

Shivling Wagholikar

Age: Adult, Occupation: Business

R/at : Flat No.20, “A” Wing, 5th Floor,

Hastipuram Society, Near Navghruha

Mandir, Bibwewadi, Pune – 411 037.

And

Business at: 25/1A, Nandedphata

Industrial Estate, Nandedgaon, Near

Nanded Township Sinhagad Road,

Near Savali Dhaba, Tal. Haveli, Dist.

Pune 411 041.

…Opponent

APPEARANCES

For the Applicant

Mr. Ashok Tamboli - Advocate

For Opponent

None (ex parte)

Citations and Judicial Treatment

No citing decisions in the index yet

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

Loading the citing and cited decisions…

ORDER

(Delivered on 12th December, 2022)

1. By this application the applicant Bank has claimed that Judgment dated 18th February, 2015 passed by this Tribunal in OA No.397/2012 may be set aside and said OA No.397/2012 be restored for hearing on merits and also claimed relief of permission for amendment of prayer in OA and permit to file additional claim affidavit.

2. The opponent failed to appear despite service of Notice. Hence, I heard arguments of learned Advocate for the applicant who reiterated the facts mentioned in the application.

3. Perused the impugned Judgment. It appears that the applicant Bank had filed recovery suit bearing OA No.397/2012 against the opponent. The Original Application proceeded ex parte as opponent therein failed to appear. The predecessor of this Tribunal decided the said OA No.397/2012 on merits though it was ex parte and dismissed the claim of the applicant Bank.

4. In view of these facts, remedy available to the applicant Bank is to file appeal challenging the impugned Judgment and Order passed in OA No.397/2012. It is to be noted that present applicant Bank was not defendant in OA No.397/2012 and Judgment and Order was not passed ex parte against it. Therefore, since OA No.397/2012 has been dismissed on merits though ex parte, this Tribunal has no power to set aside the same.

5. In view of these observations, I hold that application is liable for dismissal. Hence, I pass the following order:

ORDER

(A) The Application is hereby dismissed. (B) The Registrar is directed to send the copy of Order to the applicant and opponent.

Pronounced in open Court.

Place : Pune Date: 12.12.2022

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead