Debts Recovery Tribunals and Appellate Tribunals

Kesineni Srinivas vs DHANALAKSHMI BANK on 28 September 2021

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**IN THE DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM**

Present :- Sri Doppala Vasudeva Rao, Presiding Officer Dated the 28<sup>th</sup> day of September, 2021

MA No.25 of 2021

In

OA No.882 of 2017

Between

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

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

...Petitioners/Applicants

And

Dhana Lakshmi Bank, Latd., 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 Petitioners to set aside the exparte order dated 5-8-2019 against petitioners/Defendants.

2. According to the case of the Petitioner, due to general elections and the Petitioner is contesting in the general elections, he could not attend before this Court and that therefore, they were set exparte in OA 882/17 on 5-8-2019. The Respondent Bank filed counter denying the averments made in the petition affidavit and prayed to dismiss this petition. 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 Petitioners pray to allow this petition by setting aside the exparte order dated 5-8-2021 against them in OA. However, delay condoned petition i.e. MA 6/21 is allowed and delay in filing this MA is condoned.

3. Under these circumstances, I am of the opinion that there are tenable grounds in this petition and the petition deserves to be allowed. In the result, This MA 25/21 is allowed. The exparte order dated 5-8-2021 against Defendants in OA is set aside.

[GIVEN UNDER MY HAND AND SEAL OF THIS TRIBUNAL ON THIS THE 28<sup>th</sup> DAY OF September, 2021]

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM

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