Debts Recovery Tribunals and Appellate Tribunals

SRINIVASA SRIHARI POULTRY FARMS vs UNION BANK OF INDIA on 30 September 2026

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**IN THE DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM**

Present: - Sri Krishna Gopal Dwivedi, Presiding Officer Dated the 30<sup>th</sup> Day of September, 2026

M.A. No. ~~93~~ 98 of 2025

in

O.A. No.639 of 2024

**Between:**

- 1. M/s SrinivasaSrihari Poultry Farms, D.No.3-3, BandilaDoddi, Bazar, Vissannapeta, Krishna District AP-521215.

- 2. Smt. PalaganiNagamani, W/o. Palagani Rama Krishna Rao, D.No.3-3, BandilaDoddi Bazar, Vissannapeta, Krishna District AP.

- 3. Sri. PalaganiSrihari Prakash S/o. Rama Palagani D.No.3-3, BandilaDoddi Bazar, Vissannapeta, Krishna District AP. KrishnaRao,

- 4. Sri. PalaganiSrinivasaKalyan, S/o. Palagani Rama Krishna Rao D.No.3-3, BandilaDoddi Bazar, Vissannapeta, Krishna District AP.

- 5. Sri. Palagani Ramakrishna Rao, S/o. Late Nageswara Rao, D.No.3-3, BandilaDoddi Bazar, Vissannapeta, Krishna District AP.

- 6. Smt. Padartha Padma, W/o. Koteswara Rao, D.No.3-3, Bazar, Vissannapeta, Krishna District Andhra Pradesh-521215. (died)

.....Applicants

**And:**

Union Bank of India, Main Branch, Vijayawada, Rep. by its Chief Manager.

.....Respondent Bank

**Present:-**

- Ld. Counsel for the Petitioner - Sri. G. Durga Prasad

- Ld. Counsel for the Respondents - Sri. C.V.S.L. Raju

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**ORDER**

In the above MA, the applicant has prayed to set aside the exparte decree passed on 28.07.2025 against the defendants 1 to 5 in OA 639/2024 in the interest of justice.

As per applicant, OA 639/2024 was set exparte on 13.12.2024 and exparte decree was passed on 28.07.2025. The applicant has further submitted that the earlier counsel had not informed about the case progress and OA was set exparte. It is further submitted that the applicants have strong case to succeed in the matter.

In counter dt.11.08.2026, the respondent bank has prayed to dismiss the MA with costs.

As per counter, the summons were personally served on the petitioners and Sri. P. Badrinath, Advocate, filed Vakalat on behalf of petitioners. On 19.07.2024, the OA book was supplied to the defendants counsel and he sought time for filing written statement and at last, the defendants counsel did not file written statement and hence, the case was set exparte against them and posted for adducing exparte evidence. Accordingly, an exparte decree was passed on 28.07.2025.

Perused the record of OA 639/2024. As per order sheet of OA, on 19.07.2024, Sri. P. Badrinath, Advocate, filed Vakalat for D2 to D6 and sought time to file Vakalat for D1. On 21.08.2026, Sri. Ch. V. S.S. Rama Krishna, Advocate, filed a memo offering Vakalat for D1. As per respondent bank counsel, the copy of OA book was served to D2 to D6 and on that day, no representation was made on behalf of D2 to D6. On 23.09.2024, the Sri. P. Badrinath, Advocate, filed Vakalat for D1. On 21.10.2024, the Ld. Counsel for D1 to D6 sought time for filing WS. On 12.11.2024, no one represented on behalf of D1 to D6 and case was placed before PO. Finally on 13.12.2024, no one appeared on behalf of defendants and defendants were debarred from filing written statement and case was set exparte against them and posted for adducing exparte evidence.

After perusal of the record, it reveals that more than sufficient time was already given to the defendants for filing written statement but defendants did not file any written statement. It reveals that defendants are only interested in lingering the case. The reason given by the defendants is not proper, hence, on the basis of the above discussion, MA 93/2025 is hereby dismissed on contest but without costs.

[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 30<sup>th</sup> September, 2026]

*[Handwritten signature and date: 30.09.2026]*

**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**

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