Debts Recovery Tribunals and Appellate Tribunals

Kesineni Srinivas vs DHANALAKSHMI BANK on 3 August 2021

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**IN THE DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM**

Present :- Sri Doppala Vasudeva Rao, Presiding Officer Dated the 3<sup>rd</sup> day of August, 2021

MA 06 of 2021

In

OA 882/17

Between

1. 1. Sri Kesineni Srinivas, S/o late Sri Ramaswamy, R/at D.No.9-125-1, Enikepadu, Vijyawada-521 108. Krishna District.

2. 2. Smt Kesineni Pavani, W/o Srinivas, R/at D.No.9-125-1, Enikepadu, Vijyawada-521 108. Krishna District.

.....Petitioners/Applicants

And

Dhana Lakshmi Bank Ltd., Vijayawada Branch, Vijayawada, Krishna District.

.....Respondent

Present : Sri S.Nagesh Kumar, Ld.Counsel for the petitioners Sri BVSR Prasad, Ld. Counsel for Respondent bank

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ORDER

This is a petition filed by the Petitioner to condone the delay of 490 days in filing the petition for setting aside the exparte order dated 5-8-2019.

1. 2. According to the case of the Petitioner is due to general elections and the Petitioner is contesting in the general elections, he could not attend before this Court and that therefore, the delay was caused and they were set exparte in OA 882/17 on 5-8-2019. The Respondent Bank filed counter stating that the delay was not properly explained. Heard both sides.

However, the Petitioner contended that he contested in the general elections in the year 2019 and he could not come to the court and file written statement within time. Therefore, the delay of 490 days is caused.

3. Under these circumstances, I am of the opinion that the delay was properly explained by the Petitioners. Therefore, the petition deserves to be allowed. In the result, this MA 06/21 is allowed. The delay of 490 days in filing the set aside petition is condoned. Registry is directed to number the petition for setting aside the exparte order dated 5-8-2019.

[GIVEN UNDER MY HAND AND SEAL OF THIS TRIBUNAL ON THIS THE 3<sup>rd</sup> DAY OF August, 2021]

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL

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