Debts Recovery Tribunals and Appellate Tribunals

UNION BANK OF INDIA vs Mr Nelluru Samabasivaro and others on 9 January 2026

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**IN THE DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM**

Present: - Sri Krishna Gopal Dwivedi,

Presiding Officer

Dated the 9<sup>th</sup> day of January, 2026

MA 39/2024

in

O.A.No.310 of 2018

Between

Union Bank of India, Maharanipeta Branch, Maharanipeta, KGH Down, Visakhapatnam-530002.

.....Petitioner/Applicant bank

And

1. Mr. Nelluru Sambasiva Rao, S/o Kotaiah, D.No.54-11-342 AHB

Colony, Visakhapatnam-530022.

2. Mrs. Nelluri Rajyalakshmi, W/o Sambasiva Rao, W/o Mr. Sambasiva Rao, D.No.54-11-342 AHB Colony, Visakhapatnam-530022.

3. Mr. Peddada Venkateswara Rao, S/o Nookaraju, D.No.36-95-95, Kapparada, Kancharpalem, Visakhapatnam-530008.

.....Respondents/Defendants

Present:

Sri. Y. Satya Prasad, Ld. Counsels for the petitioner

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**ORDER**

The applicant has filed the present MA on 01.05.2024 under Sec.5 of the Limitation Act and prayed to set aside the order dt.02.04.2024.

As per MA, the applicant bank has entrusted the OA 310/2018 to its Advocate, Sri. S. Appalaraju. This OA was filed for recovery of Rs.18,47,520/- along with accrued interest. The borrower has filed the written statement. The applicant bank adduced their evidence. This case was fixed for written arguments on 02.12.2022. Later on, Sri. S. Appalaraju, Advocate withdrew his Vakalatnama and returned the file with no objection and due to this reason, the applicant bank could not represent the case. At present, this case is entrusted to Sr. Y. Satya Prasad, Advocate. The non-appearance of the applicant counsel is neither willful nor wonton.

After perusal of the record, I find that on 02.04.2024, no one appeared on behalf of the applicant bank, hence this OA was dismissed on 02.04.2024. The applicant has filed the present MA on 01.05.2024.

After perusal of the record, I find that R1 to R3 are debarred from filing counter vide order dt.06.11.2025.

Considering the nature of the case, I set aside the dismissal order dt.02.04.2024 and direct the Ld. Registrar to register the OA 310/2018 on its original number and also direct the applicant bank to send notice to the defendants fixing the case on 24.02.2026 for hearing. Accordingly, I allow the MA 39/2024 without costs.

[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 9<sup>th</sup> January, 2026]

**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**

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