Debts Recovery Tribunals and Appellate Tribunals
Sri Kola Raju vs KARUR VYSYA BANK on 28 January 2026
**IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM**
Present: - Sri Krishna Gopal Dwivedi,
Presiding Officer
Dated the 28<sup>th</sup> day of January, 2026
MA 20/2024
in
O.A.No.181 of 2019
Between
1. Sri. Kola Raju, S/o Veera Raghavulu, residing at D.No.4-117, Mutta Vari Street, Aryavatam Village, Kajuluru Mandal, Kakinada District-5334168.
2. Sri. Nakka Satyaprasad, S/o Venkata Ramana, residing at D.No.2-227, Brahmana Veedhi, Aryavatam Village, Kajuluru Mandal, Kakinada District, Andhra Pradesh.
.....Petitioners/Defendants
And
Karur Vysya Bank Limited, Kakinada, East Godavari District, Rep. by its Authorised Signatory.
.....Respondent/Applicant Bank
Present:
Sri. D.N. Murthy, Ld. Counsel for the petitioners Sri. K.V. Rama Murthy & Sri. Narasimha Murthy, Ld.
Counsels for Respondent bank
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**ORDER**
The petitioner has filed the present MA under Sec.5 of the Limitation Act and prayed to condone the delay of 336 days in filing the present application to set aside the exparte order dt.07.11.2022 and permit the applicant to file written statement and evidence in the interest of justice.
As per MA, this this Tribunal has passed exparte order dt.05.08.2019 in OA 181/2019. As per MA, the above fact came to the knowledge of the applicant on 11.09.2023. It came to the knowledge of the applicant that the bank filed the OA 181/2019 against the applicant and others for recovery of an amount of Rs.15,91,508/-. It is submitted that in the OA proceedings, applicant did not receive from this Tribunal at any point of time. The 4<sup>th</sup>
defendant did not inform the seizure of the godown for 14 months. It is stated that the original facts are not brought to the notice of this Tribunal. It is further stated that due to lack of knowledge, the applicant could not file the petition within time, hence there is a delay of 336 days in filing the application to set aside the exparte order dt.07.11.2022.
In counter, the respondent bank has prayed to dismiss MA 20/2024 filed for condonation of delay of 336 days with costs. In counter, the respondent has submitted that the applicants have failed to explain the delay of each day as per law. This Tribunal has already issued Recovery Certificate bearing No.7/2023 which is under execution. There is an inordinate delay of 336 days, which is a clear abuse of process of law.
I also perused the record of OA 181/2019. Vide order dt.07.11.2022, the OA is allowed with costs against D1 to D3. The OA against D4 and D5 is dismissed without costs. After perusal of the record, I find that on 12.04.2019, Sri. G. Srinivas, Advocate offered to file Vakalat for R1 to R3. On 16.04.2019, Sri. G. Srinivas, Advocate filed Vakalat for R1 to R3 and Sri. Y. Ramesh, Advocate filed Vakalat for R4. On 23.04.2019, R1 to R3 did not file counter. On 03.05.2019 also, R1 to R3 have not filed counter and hence, this Tribunal has forfeited the right of R1 to R3 to file counter. Vide order dt.07.05.2019, this OA is fixed for WS of D1 to D5 and again on 16.05.2019, time was given to D1 to D5 for filing WS. On 21.06.2019, 03.07.2019, WS was not filed on behalf of D1 to D3, hence, on 05.08.2019, D1 to D3 was called absent and case is set exparte against D1 to D3. Ultimately, on 07.11.2022, this Tribunal had passed final orders in OA 181/2019.
After scanning all the facts, order sheet of the OA 181/2019, I find that, more than sufficient time is given to defendants for filing
WS. It reveals that defendants have not filed WS knowing all the facts. The petitioner of the present MA has failed to explain the delay. It reveals that only to drag the matter, the applicant has filed the present MA.
On the basis of the above discussion, I dismiss this MA 20/2024 without costs.
[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 28<sup>th</sup> January, 2026]
**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**