Debts Recovery Tribunals and Appellate Tribunals

Sri Nakka Satyaprasad vs KARUR VYSYA BANK on 24 February 2026

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**DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM**

Present: SHRI KRISHNA GOPAL DWIVEDI,

PRESIDING OFFICER

Dated 24<sup>th</sup> February 2026

M.A. No. 26 OF 2024

IN

O.A. No. 149 OF 2019

Between:

1. 1) Smt. Biruda Lova Kumari

2. 2) Sri. Nakka Satyaprasad

... Petitioners/ Defendant no. 1 and 2

And:

Karur Vysya Bank Ltd., Kakinada, East Godavari District, Andhra Pradesh.

... Respondent/Applicant Bank

Ld. Counsel for the petitioner: Sri. D. N. Murthy Ld. Counsel for the respondent: Sri. K. V. Rama Murthy

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**ORDER**

The applicant has filed the present Miscellaneous Application to condone the inordinate delay in filing the application to set aside the exparte order dated 29-10-2022 and to permit the applicant to file a written statement and evidence in the interest of justice.

In counter, the respondent bank has prayed to dismiss the M.A.No.26/2024 filed by the petitioners for the condonation of a delay of 345 days, with costs.

As per the M.A., the exparte order came to the knowledge of the applicant on 11-09-2023. The applicant did not give any notice in the O.A. case. The 4<sup>th</sup> Defendant seized the godown without any legal ground, and the applicant bank did not take any steps, even though the seizure was illegal. The 3<sup>rd</sup> Defendant did not inform the seizure of the godown for 14 months, in view of the lack of knowledge, and the applicant has not filed the petition within time in this case, and the exparte order is passed on 29-10-2022.

After perusal of the order passed in O.A.No.149/2019, it is clear that the case was fixed to exparte on 16-05-2019 against D1 & D2. D1 & D2 were absent. Vide order dated 29-10-2022, the O.A. is allowed with costs against D1 & D2. O.A. against D3 & D4 is dismissed.

The applicant has not given sufficient reason to condone the delay. It reveals that all the facts were in the knowledge of the applicant.

On the basis of the above discussion, M.A.No.26/2024 is hereby dismissed without costs.

[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 24<sup>th</sup> February, 2026]

24.02.2026

**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**

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