Manjula C vs Pragathi Co Op Bank Ltd on 9 April 2021

MA-12-2021 | 1

**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU**

Dated this the 9^th April, 2021

**Present: S. V. Gowramma, B.A., LL.B Hon'ble Presiding Officer**

**Misc.Application.No.12/2021 In SA.No.160/2020**

**Between**

Smt. Manjual C, W/o. Maddurappa .K R/at. No.1875, 18^th main, 41^st "B" cross, Jayanagar, Bengaluru - 560041

**...Applicant**

**And**

The Authorized Officer & Chief Manager, Pragathi Co-operative Bank Ltd., HO. No.12/1, 1^st main, 9^th cross, Malleshwaram, Bengaluru - 560003

**...Respondent**

**Counsels on record/appeared for:**

Applicant : Sri. V.Mohan Respondent :

**ORDER ON MA.No.12/2021**

Present Miscellaneous Application (MA) came to be filed by the borrower (referred to as 'applicant') under Section 17 of MA-12-2021 | 2

the SARFAESI ACT ('the ACT' in short) to set aside the impugned Order dated 22/03/2021 passed in SA.No.160/2020.

2) The applicant has filed the present MA claiming to be aggrieved by the Order passed by this Tribunal on 22/03/2021 dismissing the SA for default. The applicant has filed the MA by the new counsel Advocate Mohan contending that he applicant had complied with the interim order passed by this Tribunal and has paid in excess of the account as directed. It is submitted that the applicant had paid total amount of Rs.12,00,000/- to the account. The counsels on record in the SA could not file the compliance report on 17/1/2021 along with the proof of service on the respondent.

3) It is contended that the due to COVID-19 situation the counsels have not produced the compliance report, hence has prayed to set aside the interim order dated 21/1/2021 and to restore the SA of file.

*Heard the submissions of the learned counsel and peruse the records.*

4) Admittedly, the applicant has complied the interim order belatedly and as there is no compliance of the interim MA-12-2021 | 3

order filed by the appellant counsel, the SA came to be dismissed and interim order stood vacated. Though the counsel for the applicant has taken contention that the earlier counsel could not file the compliance memo due to the COVID-19, there is no justifiable cause made out, nor medical report filed to prove that the counsel was suffering from COVID from 15/03/2020 to 30/03/2020 and the applicant had obtained interim order in IA.347/2020 on 12/2/2020, wherein the Tribunal had directed to make a payment of Rs.12 lakhs in 2 installments on or before 13/3/2020. It is also seen that the compliance report was not filed, hence the Tribunal directed the applicant to file the compliance report. It is seen from the record that the compliance report is filed only on 03/03/2021.

5) Admittedly, the applicant has made payments belatedly and there is no memo filed or an application filed for extension for the compliance of the interim order. Furthermore, the Tribunal had clarified that in case of any default in the payment as directed, the interim order would stand automatically vacated. In spite of such a direction, the applicant had not chosen to file necessary application for extension of time to pay the payment as directed.

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6) However, due to the act of the counsel, the parties should not suffer, hence on principles of equity the Tribunal feel it apt to afford any opportunity for the applicant. Hence, the Order dated 22/03/2021 dismissing the SA 160/202 is recalled and the same is restored to file.

7) Applicant is directed to take emergent notice to respondent by RPAD and file POS and PRT on next date of hearing. Call on 30-04-2021

Accordingly MA is allowed.

*(Dictated to the Stenographer (PR), after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this day 9^th April, 2021)*

**Sd/-** **PRESIDING OFFICER,** **DRT-2, BENGALURU.**