Debts Recovery Tribunals and Appellate Tribunals
S K Agrotech Industries Ltd vs STATE BANK OF INDIA on 24 May 2019
Presented on:
23.06.2016
Registered on:
23.09.2016
Decided on:
24.05.2019
Duration:
Y M D
03 11 00
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
MISCELLANEOUS APPLICATION No.57/2016
S. K. Agrotech Industries Ltd., a company incorporated in 2009 under the Companies Act, 1956, having its corporate office at E-5, Crystal Lawn, 1st floor, Thakur Complex, Kandivali (East), Mumbai 400 101 and production facilities at Gat no.3361, at &
post Kaledhon, Taluka: Khatav, District:
Satara.
….Applicant
Versus
State Bank of India, through the Chief
Manager and Authorised Officer, Stressed Asset Management Branch, The Arcade 2nd floor, World Trade Centre, Cuffe Parade, Colaba, Mumbai - 400 005.
….Defendant
APPEARANCES
For the Applicant
Mr. Vazir A Shikalgar - Advocate
For Defendant
Mr. Ramesh B Ganbote - Advocate
Shri Deepak M Thakkar
Presiding Officer
JUDGMENT PRONOUNCED ON : 24.05.2019
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JUDGMENT
1. The application is moved by the applicant seeking the restoration of SA No.141/2013 which was dismissed for want of prosecution on 6th May, 2016. The applicant applied for the certified copy on the same date i.e. 6th May, 2016. The applicant received the certified copy on 27th May, 2016 and the present application was filed on 23rd June, 2016 which is well within the period of 30 days.
2. Mr. Ganbote initially opposed the application on the ground of limitation and later on gave up the issue as the application of the applicant is well within the period of 30 days. Save and except the issue of limitation no other issue was raised by Mr. Ganbote.
3. I have gone through the miscellaneous application which is filed within the period of limitation. Therefore, the securitisation application which was dismissed on 6th May, 2016 is required to be restored on the ground set out in the application which has gone unopposed.
4. In view of the above, I pass the following order:
ORDER
(A) MA No.57/2016 is allowed in terms of prayer clause (a) with no order as to cost. (B) SA No.141/2013 is restored to file under caption argument.
Sd/- (Deepak M Thakkar) Presiding Officer Debts Recovery Tribunal, Pune