Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SHIVARAJU H.M (MYSORE) on 23 November 2020
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU**
Dated this 23<sup>rd</sup>Day of November 2020
**Present: SMT. S.V. GOWRAMMA
Hon`ble Presiding Officer**
**T.A. No.1797/2017
(O.A. No.1441/2015)**
**BETWEEN:**
State Bank of India,
Chamundipuram,
Mysore
** ...APPLICANT**
**AND:**
Sri Shivaraju H.M.
S/o Marigowda,
Manchegowdanahalli Village,
Antharasanthe Hobli,
H.D.Kote Taluk - 561 116,
Mysore District.
** ...DEFENDANT**
**Counsels on record/appeared for:**
Appellant : Sri P.L.Vijay Kumar
Defendant : Exparte
**: ORDER ON TA:**
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1. The applicant has filed the O.A.No.1441/2015 on 08.09.2015. In view of the establishment of DRT-2, the O.A. No.1441/2015 was transferred from DRT-1 to DRT-II and renumbered as T.A.No.1797/2017.
2. After scrutiny of the case papers, the Registry has raised objections and time was granted to comply with the office objections till 25.06.2015.
2T.A. No.1797/2017 (O.A. No.1441/2015)
3. It is reflected in the proceeding sheet that the Applicant counsel has complied the office objections on 25.06.2015 and after the defects was cured the case was placed before the Registrar Court. However, the matter was not represented by the Applicant on 17.06.2017, 01.08.2017, 04.12.2017, 15.03.2018, 27.06.2018, 12.09.2018, 27.12.2018 and again on 29.01.2020 and 20.03.2020 and the Tribunal had directed to take steps on the Defendant and posted the matter on 23.11.2020 before the Hon'ble P.O.
4. When the matter was taken on the board, the Tribunal under section 19(4) has ordered summons on Defendant on 16.10.2015. However, records reveal that the applicant bank has not taken steps on Defendant as per the proceedings dated 12.07.2016, 22.03.2016, 21.07.2016, 29.11.2016, 20.04.2017.
5. In view of the Notification & Official Gazette dated 30.01.2017 of DPS, Ministry of Finance, New Delhi, this case was transferred to Debts Recovery Tribunal No. II, Bengaluru for disposal in accordance with law. Further the Applicant has filed I.A. to amend the TA on 01.08.2017.
6. The Applicant bank has not taken out the summons on Defendant inspite of sufficient opportunity granted by this Tribunal, though the O.A. was filed way back on 08.05.2015. Finally, on 06.11.2020, the Registrar recorded that inspite of sufficient 3T.A. No.1797/2017 (O.A. No.1441/2015)
opportunity given to the Applicant there was no representation. Hence the matter was placed before Hon'ble P.O. on 23.11.2020.
7. On 23.11.2020 none represents the applicant & it is seen that no steps have been taken even after lapse of 3 years. It is ironical to note that the financial institution who are holding the public money is not diligently following the case after filing the case for recovery of the amount due before this Tribunal. Further, the Tribunal is duty bound to dispose of the OA within a period of 6 months, on the contrary the applicant has not made any effort to take steps.
8. Since the applicant has not taken summons even after a period of 3 years, it appears that the applicant bank is not keen in prosecuting the matter. Hence the OA deserves to be dismissed for default.
6. Accordingly, T.A. No.1797/2017 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 23<sup>rd</sup> November, 2020)*
**Sd/-** **Presiding Officer** **DRT-II, Bangalore**
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