Debts Recovery Tribunals and Appellate Tribunals
Jameema vs BANK OF BARODA on 28 September 2026
IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM
Present :- SHRI KRISHNA GOPAL DWIVEDI,
PRESIDING OFFICER
Dated 28<sup>th</sup> September, 2026
MA 205 of 2025 in OA 899/2024
Between
1. 1. Mr. Chinnam Jameema, W/o. Ch. Vaishal Krishna, H. No. 9-1-90, Vena Valli Vari Peta, 5<sup>th</sup> Division Eluru Mandal, Eluru, West Godavari District
2. 2. Mr. Chatragadda Vaishal Krishna, S/o. Ch. Sri Ramulu, H.No. 9-1-90, Vena Valli Vari Peta, 5<sup>th</sup> Division Eluru Mandal, Eluru, West Godavari District
..... Petitioners/ Defendants 1 &2
And
Bank of Baroda, One Town Branch, Vijayawada City, Krishna District
..... Respondent / Applicant Bank
<table><tbody><tr><td>Ld Counsel for Petitioners</td><td>-</td><td>Ms. Radha Kumari</td></tr><tr><td>Ld. Counsel for Applicant Bank</td><td>-</td><td>Shri Y.N. Rao</td></tr></tbody></table>
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**ORDER**
In the above MA the applicant has prayed to set aside the exparte order dt. 20.09.2025 against D1 and D2 in OA 899/2024 and opportunity may be given to file written statement to the petitioner and set aside the exparte decree passed against D1 and D2.
As per MA, OA 899/2024 was posted for written statement on 29.03.2025 but applicant could not file written statement. Petitioner was suffering from decease. Hence he could not attend the court. His absent is neither willful nor wanton. Applicant has prepared the written statement. Applicant has also filed copy of exparte order dt. 20.09.2025.
The OP/ Applicant bank in counter dt. 23.04.2025 has prayed to dismiss the MA with exemplary costs.
As per counter the present MA is not maintainable in the eye of law. It is barred by limitation. OA was filed in the year 2024. Applicant was taking time for filing written statement. Applicants want to drag the proceeding of this Tribunal. Applicant has filed this petition with absolute false and incorrect statement.
After perusal of the record I find that vide order dt. 20.09.2025 in OA 899/2024 exparte order against petitioner of MA is passed.
After perusal of the record I find that OA 899/2024 was fixed for written statement on 25.03.2025. On 25.03.2025 no one appeared on behalf of defendants. Hence defendants are debarred from filing written statement and case was set exparte against defendants.
Considering the nature of the case and in the interest of justice I allow MA 205/2025 and set aside the exparte order dt. 20.09.2025 passed in OA 899/2024 and direct the Ld. Registrar to register the OA 899/2024 on its original number and fix the case for filing WS on 07.10.2025.
Recall the Recovery Certificate.
(Dictated to Steno, transcribed by her, corrected and pronounced by me in the open court on this 28<sup>th</sup> day of September, 2026)
A handwritten signature and date are written over the printed text. The signature appears to be "S. S. Rao" and the date is "28.9.2026". PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM