Debts Recovery Tribunals and Appellate Tribunals
GOVIND V MALWAD vs STATE BANK OF INDIA on 25 October 2021
ORDER SHEET
[APK] (MA No.04/2021) Page 1 of 3
25.10.2021
Sr. No.48 MA No.4/2021
Classific
ation
No. of
Exh.
MISC. APPLICATION No.04/2021
Mr.G.V.Malwad & another
..Applicants
Versus
State Bank of India & another
..Non-applicants
None for the applicants
Mr. R.C.Patil – Advocate for the non-applicant no.1 bank.
None for other non-applicants
Due to Covid 19 situation the matter is taken through Video Conference.
1. The learned counsel for the non-applicant bank submits
that the applicants have made various persons as party including the previous officers of the non-applicant bank and the Tribunal and tried to put pressure on Bank by making false and unsustainable allegations against each and every one just to see that the Bank officers are afraid of continuing with recovery proceedings.
2. The learned counsel for the non-applicant bank further submits that the applicants have filed the present MA as against the original respondents and various other persons who are unnecessarily being made party and numerous reliefs have been sought, which cannot be granted in any manner as if restoration is done it can be done only against original respondents. He further submits that numerous emails are being sent to so many authorities
ORDER SHEET
[APK] (MA No.04/2021) Page 2 of 3
with the undeserving language and threating tones. All sorts of allegations are being levelled and matter has been dragged.
3. The Misc. Application could have only be filed for setting aside the dismissal order dated 31st March, 2015 passed in S.A No.74/2014. He submits that it appears that the applicants are trying to delay the recovery of the non- applicant bank by making unnecessary allegations. The learned counsel for the non-applicant bank further submits that taking of the loan and non-repayment of the loan are not denied by the applicants.
that the Recovery Certificate has already been issued in favour of the non-applicant bank and the bank is pursuing its remedy under the Recovery Certificate.
5. The learned counsel for the non-applicant bank submits
that the pleading in the MA are unsustainable. The tone and tanner of the pleading is also uncalled for. The learned counsel for the non-applicant submits that the only remedy available to the applicants was to file an appeal against that order. Even this Misc. Application is not within limitation and has cropped up only at that time when the bank tried to move under recovery certificate.
The counsel for bank request to waive the cost and is waived in view of unsustainable pleadings just to malign the officers of Bank.
6. I heard the arguments advanced by Mr. R.C.Patil counsel
ORDER SHEET
[APK] (MA No.04/2021) Page 3 of 3
for the non-applicant bank and perused all the documents produced on record and the detailed reply filed by the learned counsel for the non-applicant bank.
7. On the last date of hearing i.e. on 29th September, 2021
none appears for the applicants. Today also none appears on behalf of the applicants.
8. In view of the above, I pass the following order through Video Conference:
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ORDER
A. Misc. Application No.04/2021 is dismissed for non-prosecution and being devoid of merits. B. All pending Interlocutory Application in the proceeding, if any are disposed of accordingly. C. Copy of the order be sent to the applicants and the original respondents in the SA and OA. D. Consign the file to the record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad