Debts Recovery Tribunals and Appellate Tribunals

M s Metal Cloures Pvt Ltd and others vs M s Religare Finvest Ltd on 13 July 2022

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT

BENGALURU

Dated this the 13th Day of July, 2022

Present: S. V. Gowramma, B.A., LL.B

Hon’ble Presiding Officer

MA.No.44/2020

Between:

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1. M/s Metal Closures Pvt. Ltd. Through its Managing Director Regd. Office at: No.39/4, 12th K.M Kanakapura Road Bangalore - 560062.

2. Smt. Shereen Hegde W/o Mr. B. Prashanth Hegde

3. Mr. B. Prashanth Hegde S/o Mr. Ratnakar Hegde

Both residing at: No.261, Defence Colony HAL 2nd stage, Indiranagar Bangalore - 260038. ...Applicants

And:

1. M/s. Religare Finvest Ltd Corporate office, 9th Floor Paras Twin towers Tower-3, Sector-54 Golf Course Road Gurgaon - 122002. ... Respondents

Counsels on record/appeared for:

Applicant : Sri. Suraj R. Manjeshwar Respondent : VHVK Law Partners

: ORDER ON MA 44/2020:

The applicant in the SA No.62/2018 has filed present MA No.44/2020 on 19.02.2019 under section 22 (2) (g) of the DRT Act, due to Banks and Financial Institution Act,1993 r/w Sec.17 of the SARFAESI Act and to allow the applicants to contest the SA.

2 MA .No.44/2020

2) It is seen from the records, that there is no representation of applicant on 16.08.2019, 24.09.2020, 30.12.2020, 31.12.2020, 17.08.2021 and again on 22.02.2022. The Tribunal vide proceedings dated 22.02.2022 gave last opportunity to the applicant to address the arguments and clarified failing which MA would be dismissed for default. In spite of such direction and clarification none represents the applicant nor applicant is present today in 1st and 2nd round and it appears that the applicant is not keen in prosecuting the matter and intends to drag on the matter.

4) It is pertinent to note that the MA is filed on 19.02.2019, the respondent bank filed their objections on 18.03.2020 and the applicant is not representing before this Tribunal to address the arguments. The Tribunal is under duty bound to dispose of the matter as expeditiously as possible. Accordingly, MA.No.44/2020 stands dismissed for default. Any pending IA’s if any are disposed of in terms of this order. No order as to cost. (Dictated to the Steno (BL), after her transcription and necessary corrections, signed and Order is passed on this day 13th of July, 2022)

Sd/- PRESIDING OFFICER

DRT-II, BENGALURU

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