Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs M s Askruthi Infracon Pvt Ltd on 29 October 2024
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**MA/15/2024**
**29.10.2024**
The present MA is filed by the applicant bank being aggrieved by order of the dismissal of the OA.No.1792/2018 vide order dated 14.12.2023. Heard the applicant counsel. Perused records carefully.
2. It is the matter of fact that the applicant was not diligent in prosecuting the matter. Hence, the Tribunal has dismissed after providing sufficient opportunities. The applicant being financial institution who has holding public money be given an opportunity to proceed with the matter. It is more so because the applicant bank had file the present application before this Tribunal to restore the dismissed OA providing explanation for why the case was dismissed. The application had explained the reasons for non-prosecution such as, to file the applicant's evidence that led to the dismissal.
3. Further, the application is accompanied from the bank's authorized representative attesting to the facts mentioned in the restoration application depending on the Tribunal's requirements, the required court fee was also paid when submitting this MA. During arguments, this learned counsel present justified the reasons for the delay in prosecution the case. Finding the reasons for non-prosecution to be acceptable, the needs to be restored.
4. Accordingly, MA stands allowed with cost of Rs.10,000/- to be deposited in the borrower's loan account on or before 15.11.2024 and the applicant is hereby directed to file compliance report. In case the applicant fails to comply with the same, the MA would stands dismissed automatically. List the matter before the Registrar Court on 20.11.2024 for compliance.
PO (I/c)
DRT-II, Bengaluru