BANK OF MAHARASHTRA vs UTTAM ABARAO BORDE on 9 July 2025

ORDER SHEET

[Ambadas] (MA Diary No.392/2025) Page 1 of 1

09.07.2025

Sr. No.09

MA Diary No.392/2025

Classific

ation

No. of

Exh.

MISCELLANEOUS APPLICATION DIARY NO. 392/2025.

Bank of Maharashtra

..Applicant

V/s

Uttam Abarao Borde and three Others.

..Respondents

Mr. M.B. Jaiswal H/for A.P. Johar - Advocate for the applicant None for Respondents.

1. The applicant bank has moved this Miscellaneous Application No. 392/2025 for recalling of order dated 30/12/2023 and restoration of Original Application Diary No. 330/2023.It was submitted on behalf of the applicant bank that the then learned Presiding Officer of DRT vide order dated 30/12/2023 declined to register the Original Application on the ground that limitation for filing the Original Application on the basis of mortgage is of 03 years, and not of 12 years. It was further argued that the Hon”ble DRAT, Mumbai vide its order dated 05/11/2024 in appeal No.34/2024 in case State Bank of India V/s. Sampat Parasram Rathod and another has held that there is limitation of 12 years for filing of Original Application on the basis of mortgage. In view of this judgment of DRAT, applicant bank cannot file recovery suit in Civil Court as only DRT is competent. The recovery proceedings are based on mortgage and

ORDER SHEET

[Ambadas] (MA Diary No.392/2025) Page 2 of 1

prayed for recalling of order dated 30/12/2023 as well as for restoration of Original Application.

2. As per perusal of the order dated 30/12/2023 passed in Original Application Diary No. 330/2023, Interlocutory Application No.

2257/2023 was allowed and Original Application (Diary)

No.330/2023 was ordered to be returned to the applicant to be present in proper Court and further directed the registry to return the entire pleadings to the bank for availing appropriate remedy for filing the mortgage suit before appropriate civil Court.

3. It may be noted here that the applicant bank had filed Original Application Diary No. 330/2023 for recovery of more than Rs.

20 lakhs on the basis of mortgage deed. The Hon’ble DRAT, Mumbai vide order dated 05/11/2024 passed in Appeal No.

34/2024, State Bank of India V/s. Sampat Parasram Rathod and another has specifically held that the period of limitation is to be counted as per Article 62 of the Limitation Act and Suit for Recovery based on Mortgage would fall within competence and jurisdiction of this Tribunal as per Section 19 (3A) of RDB Act,

1993. Therefore, this Tribunal is competent to deal with Original Application for recovery of more than Rs.20 Lakhs even recovery based on mortgage of immovable property as limitation period is 12 years from the date when money sued becomes due,

ORDER SHEET

[Ambadas] (MA Diary No.392/2025) Page 3 of 1

and the applicant bank cannot invoke jurisdiction of the Civil Court.

4. Even otherwise as per Section 22 (2) (e) of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993), the Tribunal and the appellate Tribunal shall have for the purpose of discharging their functions under this Act, the same power as are vested in a Civil Court under the Code of Civil Procedure 1908, while trying a suit by way reviewing its own decisions.

Therefore, the order dated 30/12/2023 is liable to be recalled, and the Original Application (Diary) No. 330/2023 is liable to be restored.

5. In view of the above observation, I pass the following order;-