Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SRI MURALI K S on 31 July 2025
IN THE DEBTS RECOVERY TRIBUNAL-II, BANGALORE
Dated 31st day of July, 2025
PRESENT: SHRI T. RAJESH
PRESIDING OFFICER
MA No. 22 of 2025
BETWEEN:
State Bank of India
Apparel Park Branch,
KIADB Industrial Area, Doddaballapur,
Bangalore Rural District – 561203
Rep. by its Manager
Mr. Raktim Mukhaopabhyay
…APPLICANT
AND:
Sri. Murali K S
Proprietor M/s. Sri. Kamadhenu Enterprises #1290 A, Sri. Kongadiyappa Main Road, Vijaya Vittala Temple Road, Doddaballapura, Bangalore Rural District.
And also, at
Sri. Murali K S
Proprietor M/s. Sri. Kamadhenu Enterprisers #58 H, 2nd Block, 1st Main Road, Veerabhadra Palya, Doddaballapura, Bangalore Rural District.
…RESPONDENT
Counsels on record/appeared for:
Applicant
: Smt. Sheela Deepak
Respondent
: ---
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:ORDER:
1. This Miscellaneous Application is filed seeking with prayer to set aside order dated 03.03.2025 in OA.No.1129/2024 and allow the restoration of the same.
2 MA/22/2025
2. In the affidavit in support of the application, the applicant contends as follows: i) After filing of the above OA, the Advocate who was on record who file the OA took more than 3 years to complete the office objection and hence the applicant bank took NOC from the said counsel and entrusted the matter to the present counsel who filed the MA seeking restoration. It is contended that the NOC Vakalath was filed on 20.09.2024 and on 23.09.2024 the Advocate appeared before the Registrar and submitted that the NOC Vakalath is filed wherein the Ld. Registrar had given the next date on 18.04.2025. It is also stated that, the case though posted on 18.04.2025, came to be listed on 03.03.2025 before the Presiding Officer and on that day the case stands dismissed. ii) It is also contended that, even though the NOC Vakalath is filed the name of the counsel was not reflected in the online cause title due to technical reason and hence the bank counsel could not appear on 03.03.2025. It is also stated that the bank has prepared the summons and was ready to submit the same for signature of the Registrar as per the court order and this Tribunal had without going into the merits dismiss the OA for default.
3. Having heard the counsel for the applicant, called for report from the Registrar’s Court so as to verify the veracity of the 3 MA/22/2025
contents of the Affidavit, as the proceedings as recorded reveals otherwise, the Report was called from the Registry.
4. The OA was filed on 27.11.2020 and was in the defective stage nearly 3 years and the defects were not rectified by the earlier counsel when the case was called on 08.05.2024 and posted on 29.05.2024 giving the last chance to rectify the defect. It is also stated on rectification of the defects the case was numbered as OA.No.1129/2024 and for issuing the summons the case was listed on 23.09.2024. Even though, the Vakalath along with NOC is filed on 20.09.2024, there was no representation when the matter was listed before the Ld. Registrar and the case was adjourned to 05.02.2025.
5. It is also admitted by the Registry that, the case was inadvertedly listed on 25.11.2024 and taking note of the fact that, the posting date was not correct, the same was adjourned to 05.02.202; the original posting date. It is also stated that the said fact was also uploaded in the E-DRT portal. Since the pleadings of the Affidavit runs in contrary to the statement given by the Registry, the daily cause list of Registrar was called for to verify the veracity of the claim of the applicant that the case stands adjourned from 23.09.2024 to 18.04.2025. On perusal of the cause list, it is seen that all the case was listed on 23.09.2024 most of the cases listed 4 MA/22/2025
on 23.09.2024 in the summons stage including the present OA has been adjourned to 05.02.2025. It is also to be noted that, no cases were adjourned beyond 5th of February-2025. Taking into consideration of the above fact, this Tribunal is not inclined to accept the contention of the applicant as stated that the affidavit to be correct.
6. Even though the Ld. Counsel for the applicating submits that, it all happen due to mistaken in posting date 29.11.2024, which the Ld. Counsel harped to point out the mistake of this Tribunal, the said issue was considered in particular and this Tribunal is of the view that, even though there happened to be a mistaken posting date on 25.11.2025, the case was reposted to the original posting date 05.02.2025. On 05.02.2025 only the case was dismissed, that too taking note of the fact that, no steps were taken in the OA, which was filed in year 2020 and got numbered in 2024.
7. Taking into consideration, the entire fact, this Tribunal is of the opinion that, the affidavit filed in support of the application is hardly sufficient to justify the lethargy on the part of the applicant in not prosecuting the matter properly and in not taking steps, despite, the matter being got numbered. However, since the public money involved and to meet the ends of justice, this Tribunal is of the view that the OA can be allowed to be restored subject to terms 5 MA/22/2025
and hence MA stands allowed with cost of payment of Rs.15,000/- to the Prime Minister’s Relief Fund, which is to be remitted in two weeks’ time subject to compliance. Post for compliance report on 14.08.2025. (Dictated to the Stenographer (PR), after her transcription and necessary corrections, signed and Order passed on this 31st day of July 2025)
Sd/- (T. RAJESH) PRESIDING OFFICER
DRT-II, BENGALURU