Debts Recovery Tribunals and Appellate Tribunals

BANK OF INDIA vs SWAPNIL BAPUSAHEB DESHMUKH on 1 September 2025

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ORDER SHEET

[SBJ] (Diary (CA) No. 1167/2025) Page 1 of 3

01.09.2025

Sr. No.10 Diary (CA) No.1167/2025

Classifi

cation

No. of

Exh.

INTERLOCUTORY APPLICATION NO.1895/2025

IN

Diary (CA) No.1167/2025

Bank of India

..Appellant/s

Versus

Swapnil

Bapusaheb

Deshmukh

..Non-Appellant

Mr. K.D. Pande - Advocate for the appellants.

None for the Non-Appellant.

The matter is taken through Hybrid.

1. By

this

Interlocutory

Application

No.1895/2025, the appellant is seeking for condonation of 577 days’ delay in filing the OA.

2. This

is

a

Chamber

Appeal

at

Diary

No.1167/2025.

3. In this matter it is submitted by the counsel for the appellant that this OA Diary No.1195/2022

was listed before the Registrar on 05.10.2023

and 24.11.2023 for removal of office objections.

The

learned

Registrar

vide

order

dated

24.11.2023 has declined the registration of the said Original Application on the ground of non- appearance and non-removal of the office

ORDER SHEET

[SBJ] (Diary (CA) No. 1167/2025) Page 2 of 3

objection.

4. It is submitted by the learned counsel for the appellant that the notice regarding removing of objections sent to the earlier advocate of the appellant bank on his e-mail and as such the appellant bank was unaware of the fact of listing of the matter before the Ld. Registrar since dated 05.10.2023. The earlier advocate for the appellant bank has been removed from their panel. Thereafter, immediately the appellant bank asked him for taking further appropriate steps for restoration of OA and accordingly he applied for certified copy on 23.07.2025 and on 04.08.2025 the bank received the certified copy of the order and as such the appellant bank has filed the present Chamber Appeal against the order dated 24.11.2023 passed by the learned Registrar.

5. Unfortunately the OA Diary No.1195/2022 was declined to register the OA. It is not intentional and deliberate. Therefore, the delay caused in filing the Chamber Appeal may be condoned and the OA Diary No.1195/2022 may kindly be restored to its original position.

6. Heard.

7. In

these

circumstances,

the

Interlocutory

Application No.1895/2025 is liable to be allowed and this delay of 577 days’ in filing the

ORDER SHEET

[SBJ] (Diary (CA) No. 1167/2025) Page 3 of 3

Chamber Appeal to be condoned. The

Chamber Appeal is taken up.

8. In view of the above, I pass the following order.

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ORDER

A. I.A.No.1895/2025 stands allowed and the delay of 577 days’ is condoned. The Chamber Appeal is taken up. B. The Diary(CA) No.1167/2025 stands allowed. C. OA Diary No.1195/2022 is hereby restored to its original position. D. List the matter OA Diary No.1195/2022 before the Registrar for removal of the objections on 23rd September, 2025. Sd/-

(Dr. J.R. Chauhan)

Presiding Officer

Debts Recovery Tribunal, Aurangabad

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