Debts Recovery Tribunals and Appellate Tribunals
NALI SESHU KUMAR vs UNION BANK OF INDIA on 12 October 2026
**IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM**
Present: - Sri Krishna Gopal Dwivedi, Presiding Officer Dated the 12<sup>th</sup> Day of October, 2026
M.A.No.206 of 2025
in
S.A.No.72 of 2024
**Between:**
Sri. Nali Seshu Kumar, S/o Koteswara Rao, Residnet of D.No.2-48-10/5F, Gadiraju Empire, MVP Colony, Sector-11, Visakhapatnam-530017.
.....Applicant
**And:**
1. The Branch Manager, Union Bank of India, Dwarakanagar Branch situated at Mohan Mansion, 1<sup>st</sup> Floor, D.No.47-7-30/2, 4<sup>th</sup> Lane, Dwarakanagar, Visakhapatnam, Andhra Pradesh- 530016.
2. The Branch Manager, Indian Bank, Dabagardens, situated at D.No.30-9-3, Sarada Street, Daba Gardens, Railway New Colony, Visakhapatnam, Andhra Pradesh 530020.
3. The Authorised Officer, Union Bank of India, Dwarakanagar Branch, D.No.47-11-7, Waltair Station Road, Visakhapatnam.
4. The Regional Manager, Assets Recovery Branch, Union Bank of India, situated at Andhra Bank Building, D.No.26-15-150, Chengalrao Peta, Visakhapatnam.
5. M/s. Adithya Global Healthcare Pvt. Ltd., Rockdale Layout, Waltair uplands, Visakhapatnam.
6. Sri. Marrapu Suresh Naidu, S/o Venkata Naidu, Resident of D.No.18-1-33, Second Floor, Aditya Medical Complex, Maharanipeta, Visakhapatnam-530002.
7. Sri. Marrapu Sudheer, S/o Venkata Naidu, Resident of D.No.18-1-33, Second Floor, Aditya Medical Complex, Maharanipeta, Visakhapatnam-530002.
.....Respondents
**Present:-**
Ld. Counsel for the applicant - Sri. K. Raghunadu Ld. Counsel for the R1, R3 & R4 - Sri. M. Hari Mehra
Ld. Counsel for the R5, R6 & R7 - Sri. D.V. Anil Kumar
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**ORDER**
Heard the Ld. Counsels of both parties on MA No. 206/2025 in SA No.72/2024 and on its counter dt.02.09.2026.
In the above MA, the applicant has prayed to condone the delay of 23 days in filing the set aside petition, in the interest of justice.
As per MA, the applicant filed the above S.A. against the respondents to declare that the applicant is a protected tenant and cannot be evicted from Item No.2 of the petition schedule property pursuant to the proceedings in CrI.M.P. No.104/2023 on the file of Ld. CMM Court, Visakhapatnam. The matter was posted to 11.07.2025 for filing paper publication. Accordingly, notice was published in Praja Sakthi Daily Newspaper on 04.07.2025. Subsequently, the matter was posted to 18.09.2025. However, due to an inadvertent clerical mistake of the applicant's counsel, the date was wrongly noted as 18.10.2025 instead of 18.09.2025. Consequently, there was no representation on behalf of the applicant on 18.09.2025, and the S.A. was dismissed for default.
It is submitted that the applicant's counsel appeared on 18.10.2025 and, on verification, came to know that the matter had already been dismissed on 18.09.2025. The delay in filing the restoration/set-aside application occurred due to the aforesaid bona fide and inadvertent mistake and was neither wilful nor wanton.
In counter, the respondent bank has prayed to dismiss the MA with exemplary costs.
As per counter, the applicant is a wilful defaulter of the loan amounts which is public money and applicant filed the SA with all false contests to cause hardship to the respondent bank. The applicant has filed the SA on false grounds without paying the dues to the respondent bank and only to prevent the recovery proceedings under SARFAESI Act.
Vide order dt.05.10.2026, the Respondent No.2 is debarred from filing counter.
Vide order dt.05.08.2026. Ld. Counsel for the R5 to R7 reported no counter in MA.
Perused the record. After perusal of the record, I find that the explanation given by the applicant for non-appearance on the fixed date before this Tribunal is reliable and delay of 23 days can be condoned.
On the basis of the above discussion, MA No.206/2025 is hereby allowed on contest without costs. I direct the Ld. Registrar to register the MA of set aside application, if otherwise in order and also direct the applicant to file necessary requisites for sending notice to the respondents of SA.
[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 12<sup>th</sup> October, 2026]
**PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**