Debts Recovery Tribunals and Appellate Tribunals
MS KONDA INDUSTRIES PVT LTD vs KARNATAKA BANK LIMITED on 24 June 2026
**IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM**
**Present: - SHRI KRISHNA GOPAL DWIVEDI
PRESIDING OFFICER**
Dated the 24<sup>th</sup> day of June, 2026
M.A.No.63/2024 IN S.A.No.258 of 2021
**Between:-**
M/s. Konda Industries Pvt. Ltd., Rep. by its Managing Director Mr. Sivaji Kumar Konda, S/o. Sapatha Rao, R/o. Door No.54-3- 16/2, Addepalli Colony, Rajahmundry-533103, A.P.
.....Petitioner /Applicant
**And**
Karnataka Bank Ltd., Rep. by Chief Manager & Authorized Officer, Asset Recovery Management Branch, Plot No.50, Srinagar Colony, Road No.3, Banjara Hills, Hyderabad - 500073.
.....Respondent
**Present:-**
Ld. Counsel for the Applicant - Sri. Ch. V. S. Sivarama Krishna Ld. Counsel for Respondent - Sri. Kurma Appalaraju
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**ORDER**
In the above MA, the applicant has prayed to condone the delay on 361 days in filing an application to set aside the dismissal order dated 08.06.2023 in the interest of justice.
As per MA, the applicant had filed SA 258/2021. The respondent bank issued sale notice dated 16.08.2021 by fixing auction on 15.09.2021. The applicant could not give any information to his counsel regarding whether sale is conducting are not since the bank did not disclose the facts that the sale held or not and due to ill health, the applicant could not pursue the matter and also could not give proper instruction to his counsel, due to the above reasons the applicant could not appear on 08.06.2023, therefore SA is dismissed for default on 08.06.2023. Later on, it came in the knowledge of applicant that the respondent bank had conducted the auction on 15.09.2021 regarding schedule property described in Para No.4 of the MA.
As per the MA, the applicant wants to implead the auction purchasers and proceed with the matter by amending of the SA.
The applicant/petitioner has prayed to condone the delay of 361 days in filing an application to set aside the dismissal order dated 08.06.2023, in the interest of justice. The respondent bank has sold the property for at lowest price. The applicant/petitioner had also filed another SA 606/2023 which is pending for hearing.
The respondent bank has filed counter dated 27.03.2025. The respondent bank has prayed to dismiss the MA with costs.
As per the counter, the applicant/petitioner has not filed any doctor certificate to provide that the petitioner/applicant was suffering from ill health. As per the counter, above petition is not maintainable either under facts or law as such liable to be dismissed.
The above SA was dismissed on 08.06.2023 but the same applicant/petitioner filed SA 606/2023 which clearly shows that the applicant/petitioner had knowledge of the case. The applicant/petitioner has to clearly explain the day to day delay before the court but the petitioner/applicant has not filed any document/evidence to show that he was suffering from ill health for such a period. The petitioner/applicant has filed present petition only to drag the matter with suppressing the above facts.
After scanning the record, I find that SA 258/2021 is dismissed for default on 08.06.2023. The same petitioner/applicant has also filed SA 606/2023 in the meanwhile. The applicant/petitioner has not filed any doctor certificate and not explained day to day delay.
On the basis of above discussion, I find that petitioner/applicant has not described the sufficient reason to condone the delay for the long period. Accordingly, MA is hereby dismissed on contest without costs.
[Typed to dictation, corrected and pronounced by me in the open court on this day of 24<sup>th</sup> June, 2026]
**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**