Debts Recovery Tribunals and Appellate Tribunals
Sri Nakka Satyaprasad 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 21/2024
in
O.A.No.154 of 2019
Between
1. Sri. V. Raghavendra Swamy Gollapalli, S/o Lakshmana Murthy, residing at Main Road, Gollapalem, East Godavari District-533468.
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 341 days in filing the present application to set aside the exparte order dt.02.11.2022 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.16.05.2019 in OA 154/2019. 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 154/2019 against the applicant and others for recovery of an amount of Rs.53,98,207/-. It is submitted that in the OA proceedings, applicant did not receive from this Tribunal at any point of time. The 3<sup>rd</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 341 days in filing the application to set aside the exparte order dt.02.11.2022.
In counter, the respondent bank has prayed to dismiss MA 21/2024 filed for condonation of delay of 341 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.30/2023 which is under execution. There is an inordinate delay of 341 days, which is a clear abuse of process of law.
I also perused the record of OA 154/2019. Vide order dt.02.11.2022, the OA is allowed with costs against D1 and D2. The OA against D3 and D4 is dismissed without costs. After perusal of the record, I find that on 06.03.2019, notice sent to defendants in OA. On 03.05.2019, Sri. MSN Sharma, Advocate filed Vakalat for R4 and Sri. Y. Ramesh, Advocate filed Vakalat for R3. On 07.05.2019, fresh notice is ordered for D1 and D2 and time is given to D3 and D4 for filing WS. On 16.05.2019, D1 and D2 called absent and set exparte. At last, on 02.11.2022, this Tribunal had passed final orders in OA 154/2019.
After scanning all the facts, order sheet of the OA 154/2019, 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 21/2024 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**