Debts Recovery Tribunals and Appellate Tribunals

SAI DWARKA BUILDER AND DEVELOPER vs BANK OF INDIA on 9 May 2022

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ] (MA No.39/2022) Page 1 of 2

09.05.2022

Sr. No.45 MA No.39/2022

Classific

ation

No. of

Exh.

MISCELLANEOUS APPLICATION No.39/2022

M/s. Sai Dwarka Builder & Developers

..Applicant

Versus

Bank of India

..Respondent

Mr. A. N. Barhate Patil – Advocate for the applicant.

None for the respondent.

Due to Covid 19 situation the matter is taken through VC.

1. This Miscellaneous Application No.39/2022 in Chamber Appeal No.01/2021 is filed. It appears that the applicant is not vigilant.

2. The applicant has been negligent first not removing the objections and getting his pleadings dismissed.

3. Thereafter not pursuing the Chamber Appeal and getting the same also dismissed.

4. The counsel for the applicant submits that after dismissal of the pleadings he has removed the objections.

5. This Tribunal failed to understand when there was no pleadings before the Tribunal then how the objections could have been removed without getting the pleadings restored. I am not inclined to allow this Miscellaneous Application.

6. The counsel for the applicant prays for refund of the court IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ] (MA No.39/2022) Page 2 of 2

fees.

7. In view of the above, I pass the following order through video conferencing.

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ORDER

A. Miscellaneous Application No.39/2022 stands dismissed. B. The applicant will be at liberty to move the fresh Securitisation Application by taking all the objections taken in present proceedings in case the respondent-bank proceeds further in securitisation.

(Vimal Gupta)

Presiding Officer

Debts Recovery Tribunal, Aurangabad

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