Debts Recovery Tribunals and Appellate Tribunals

K N Venugopal and Another vs CORPORATION BANK on 25 November 2020

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**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA

AT BENGALURU**

Dated this the 25<sup>th</sup> day of November 2020

**Present: SMT. S. V. GOWRAMMA**

**Hon`ble Presiding Officer**

Miscellaneous Appeal [MA] No.4/2020

**BETWEEN:**

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1. 1. Sri K.N.Venugopal, S/o Late Nanjappa, Aged 67 years,

2. 2. Smt. Yashoda Venugopal, W/o K.N.Venugopal, Aged 57 years.

**Both 1 & 2 are residing at :**

Flat No.GF-4, Ground Floor, V.V.Apartments, 12<sup>th</sup> Main, Padmanabhanagar, Bangalore - 560 070.

**...APPLICANTS**

**AND:**

Corporation Bank, Ramanagar Branch, Ramanagara - 562 159. Represented by its Principal Officer and Senior Manager

**.... RESPONDENT**

**Counsels on record/appeared for:**

Applicants : Sri B.V.Bhadrinath Respondent :

**FINAL ORDER ON MA**

1. 1. The Applicant has filed the present MA on 12.02.2020 to set aside the Order passed by this Tribunal on 04.05.2019 in 2M.A. No.4/2020

O.A. No.806/2018. Also, an I.A. No.603/2020 application was filed ON 04.03.2020 to condone the delay of 431 days.

2. On 17.03.2020 Ld Counsel for the Applicant present was directed to issue notice to Respondents by RPAD and the Case was posted for hearing on 22.07.2020. In the proceedings recorded the applicant was given the last opportunity to address the Arguments on delay application on 20.10.2020. None represents the Respondent on 17.03.2020, 22.07.2020, 18.08.2020 and 22.10.2020. On 25.11.2020 when the case was called none represented the matter.

3. It appears that the applicant is not keen in prosecuting the case before this Tribunal. This Tribunal is duty bound to follow Sub-section (5) of Section 17 prescribed the time limit of 60 days within which an application made under Section 17 is required to be disposed of. Hence MA deserves to be dismissed for default.

Accordingly, M.A. 4/2020 stands dismissed for default.

*(Dictated to the Stenographer (SR), after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this day 25<sup>th</sup> November, 2020)*

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

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