Debts Recovery Tribunals and Appellate Tribunals
Smt Rama Gidugu And Another vs IDBI BANK on 4 March 2020
IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM
Present :- Sri Doppala Vasudeva Rao, Presiding Officer Dated the 4<sup>th</sup> day of March, 2020
MA 67 of 2017
in
OA 771 of 2016
Between
Sri Gidugu Rama, W/o Sri Gidugu Satya Nagendra Srinivasa Rao, D.No.3-4-88/31, RK Towers, Flat No.402, Subbariadu Cheruvu, Amalapuram, East Godavari District and another.
.....Petitioners/Defendants
And
IDBI Bank Ltd., Danvaipeta Branch, Rajahmundry, rep by its Manager, KSR Complex, Danvaipeta, Rajahmundry
.....Respondent/Applicant Bank
<table border="0">
<tr>
<td>Ld Counsel for Petitioners</td>
<td>- Sri KS Shankar</td>
</tr>
<tr>
<td>Ld Counsel for Respondent Bank</td>
<td>- Sri GS Shyam Sundar</td>
</tr>
</table>
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ORDER
The petition MA 67 of 2017 is filed by petitioners to condone the delay of 31 days in filing the petition for setting aside the exparte Orders dt: 31.05.2017 in the interest of justice.
2. According to the case, petitioner is the 2<sup>nd</sup> defendant in the OA and 1<sup>st</sup> defendant is his wife and after receiving summons his wife signed Vakalatnama and during February, 2017 the petitioner suffering from jaundice and such could not contact his Counsel and therefore written statement could not be filed and were set exparte and Orders passed on 31.05.2017 and there was delay in filing petition for setting aside exparte orders within one month i.e. on or before 30.06.2017 and therefore filed the present petition MA 67/2017 with a prayer to condone the delay of 31 days in filing the petition for setting aside the exparte Orders dt: 31.05.2017 in the interest of justice.
3. Counter has been filed by the respondent/ applicant bank denying the petition averments and further submitted that defendant herein deliberately did not file written statement and evidence and also did not file documentary evidence to support his version of ill-health and therefore there are no tenable grounds to reopen the matter and therefore prayed to dismiss the present petition MA 67/2017.
4. Heard both sides. Ld Counsel for petitioner submitted that petitioner herein had entrusted the case to his Counsel and would take care of the matter and further submitted that petitioner was suffering from Jaundice during February 2017 and continued till May, 2017 as such petitioner could not contact his Counsel and therefore there was difficulty in filing written statement and delay was not deliberate and keeping in view of the above Ld Counsel for petitioner prayed to allow the petition MA 67/2017 and set aside the exparte order dt: 31.05.2017. On the other hand, Ld Counsel for respondent/ applicant bank argued that the present petition MA 67/2017 is not maintainable and petitioner failed to explain the delay of 31 days in filing the petition for setting aside the exparte order dt: 31.05.2017. Therefore, Ld Counsel for respondent bank argued to dismiss the present petition. On perusal of the petitioner averments, it is observed that no medical record evidencing that petitioner was suffering from A handwritten signature, possibly reading "D. Wood", is located at the bottom center of the page.
jaundice from February 2017 to May, 2017 was filed for perusal of Tribunal. Moreover, no other grounds were mentioned for delay of 31 days for filing petition to set aside the exparte order dt: 31.05.2017. Moreover, day to day delay was not explained by the petitioner. Therefore, there are no cogent reasons and sufficient grounds to condone delay of 31 days in filing petition to set aside the exparte order dt: 31.05.2017.
Therefore, considering the facts and circumstances of the case, I feel that there are no merits in the petition and the present petition deserves to be dismissed.
In the result, this petition MA 67/2017 is dismissed however without costs.
Let the copy of the order be made available to the parties as per rules.
[Typed to dictation, corrected and pronounced by me in the open court on 4<sup>th</sup> day of February, 2020]
4/4/2020 PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM