HDFC BANK LTD vs MS UDAY TRACTORS on 4 November 2025

ORDER SHEET

[SBJ]

(MA No. 43/2025) Page 1 of 3

04.11.2025

Sr. No.21 MA No.43/2025

Classifi

cation

No. of

Exh.

MA No.43/2025

HDFC Bank Ltd. Br. Udgir, Dist.

Latur

..Applicant/s

Versus

M/s. Uday Tractors Proprietor Late

Mr. Uttam Namdeo Arsude &

others.

..Non-Applicant/s

Mr. S.S. Shinde - Advocate for the applicants.

None for the Non-Applicants.

1. By this Miscellaneous Application No.43/2025, the applicant sought for recalling of the order dated 03.09.2025 of dismissed in default of the Chamber Appeal No.01/2025.

2. This is a Miscellaneous Application No.43/2025.

3. In this matter it is submitted by the counsel for the applicant that this Chamber Appeal No.01/2025 was listed before this Tribunal on 03.09.2025. In the said matter due to none appearing for the applicant, the said Chamber Appeal No.1/2025 was dismissed in default for non-prosecution. The learned counsel for the applicant submitted that the applicant was unaware about the listing of the CA No.01/2025 on 03.09.2025.

4. It is submitted by the learned counsel for the applicant

ORDER SHEET

[SBJ]

(MA No. 43/2025) Page 2 of 3

that the bank had filed Chamber Appeal on 03.07.2024

and it was pending for scrutiny and abruptly without any intimation it was listed on 03.09.2025. However, due to oversight it could not be traced and went unattended.

Due to vacation, the counsel was on vacation at his remote village. The counsel has attended the matter listed before the Registrar on 11.09.2025 for submission of the hard copy of the CA at that time it was informed that matter was listed on 03.09.2025 and it is dismissed in default.

5. It is further submitted by the applicant that if the CA is not allowed, the applicant bank will cause heavy financial loss which is indirectly loss of the public money. The applicant submits that if the Chamber Appeal is not restored in its original position, the applicant will suffer irreparable loss which will not be compensated in any other terms. Therefore, the Chamber Appeal may kindly be restored to its original position.

6. Heard.

7. In these circumstances, the Miscellaneous Application No.43/2025 is liable to be allowed and the Chamber Appeal is taken up.

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