Debts Recovery Tribunals and Appellate Tribunals
IDBI BANK vs M/S. MAY FLOWER GROUP HOTELS & ORS on 27 July 2022
IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU
Dated this the 27th Day of July 2022,
Present: SMT. S. V. GOWRAMMA
Hon`ble Presiding Officer
TA.No.1870/2017
BETWEEN:
IDBI Bank Limited
(formerly known as Industrial Development Bank of India Ltd.)
Regd. Office: IDBI Tower
WTC Complex
Cuffe Parade, Colaba
Mumbai - 400005. …APPLICANT
AND:
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1. M/s. May Flower Group Hotels No.293, Old NO.295 12th Cross, Wilson Garden Bangalroe -560027.
2. Shri M Thimme Gowda
3. Shri.T Prasanna Gowda
4. Shri. T Raghavendra Gowda
5. Shri Bharath Gowda
All are residing at: No.65, Vanivilasa Road Basavanagudi Bangalroe - 560004. …DEFENDANTS
Counsels on record/appeared for: Applicant : Law Vibes Defendant No. 1 to 5 : Exparte
2 TA. No.1870/2017
ORDER on TA 1870/2017 The applicant has filed the present TA under Section19 of Recovery of Debts Due to Banks and Financial Institutions Act 1993, on 13.06.2014 in DRT – I, Bangalore and numbered as OA 86/2015. Due to change in jurisdiction vide official gazette notification dated 30.01.2017 the said application was transferred to DRT-II, Bangalore and re-numbered as T.A.No.1870/2017.
2. The office objections raised on 01.12.2015 and compiled by the bank on 16.01.2015 and OA came to be registered, numbered and summons by RPAD was ordered on 16.01.2015.
3. It is seen from the proceedings that the applicant has not represented the matter on 27.06.2017, 26.09.2017, 18.11.2017, 27.04.2018, 29.06.2018, 07.09.2018, 31.12.2018, 31.01.2019, 16.03.2020, 24.11.2020, 24.03.2021. It is seen from the proceedings dated 20.07.2021 there is no representation for the applicant and defendants were already placed exparte and the matter stood posted for applicant evidence. In spite of several opportunities given for applicant has not adduce the evidence. When the matter is taken on board today, there is no representation for the applicant in the 1st and 2nd round, it appears that the applicant is not keen in prosecuting the matter.
3 TA. No.1870/2017
4. It is pertinent to note that the TA is filed on 13.06.2014. In spite of sufficient opportunities not adduced the evidence, and even after the period of 8 years 1 month. The Tribunal under Sec 19(24) of the Act is duty bound to dispose of the TA as expeditiously as possible and every effort shall be made by it to complete the proceedings in two hearings and to dispose of the application finally within 180 days from the date of the application. Accordingly, TA.No.1870/2017 stands dismissed for default. Interim order granted if any stands vacated. Pending IA/s if any are disposed of in terms of this order. No order as to costs. (Dictated to the Stenographer(BL), after its transcription and necessary corrections, signed and Order is passed on this day 28th Day of February, 2022)
Sd/-
PRESIDING OFFICER
DRT-2, BENGALURU