Debts Recovery Tribunals and Appellate Tribunals
Sri K R Srinivasulu vs Karuvr Vysay Bank Ltd on 20 November 2020
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU**
Dated this the 20<sup>th</sup> day of November, 2020
**Present: SMT. S. V. GOWRAMMA
Hon`ble Presiding Officer**
Miscellaneous Appeal [MA] No.39/2020
IN
T.A No.1389/2017(O.A No.505/2011)
**BETWEEN:**
Sri. Srinivasulu.
S/o. Katta Rokkaiah,
No.382/12,
HBR Complex, 14<sup>th</sup> Cross,
II Block, Jayanagar,
Bangalore-560011.
** ...APPLICANT**
**AND:**
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1. 1. Karur Vysya Bank Limited. J.C.Road. Bangalore.
2. 2. M/s. Mukunda Industrial Finance Limited. Registered office at: 328/12, HBR Complex, 14<sup>th</sup> cross, II Block, Jayanagar, Bangalore-560011.
3. 3. Sri. B. R. Vishwanath Setty. 328/12, HBR Complex, 14<sup>th</sup> cross, II Block, Jayanagar, Bangalore-560011.
**...RESPONDENTS**
Counsels on record/appeared for:
Applicants : VHVK Laws. Respondent 1 : T. Mohandas. (Objection filed) R2 & R3 : Exparte.
2M.A No.39/2020**ORDER ON MA**
The present MA No.39/2020 is filed to recall/set aside the main order dated 10.4.2017 in TA No.1389/2017 (OA No.505/2011) and to permit the Applicant herein to contest the case in TA No.1389/2017.
2. The OA No.505/2011 was filed before DRT-I and the same stood transferred to this Tribunal on the point of jurisdiction and renumbered as TA No.1389/2017 for recovery of a sum of Rs.2,22,21,298/- against the defendants jointly, personally and severally together with contractual rate of interest and costs. The TA No.1389/2017 was allowed on 10.04.2017.
3. Record reveals that the Applicant aggrieved by the order dated 10.04.2017 has preferred the present MA along with IA No.874/2017 for condonation of delay of 27 days and also IA No.875/2017 for stay.
4. After filing of the MA, Applicant was directed to take steps on Respondent and posted to 22.11.2017. On 22.11.2017 when the matter is taken, Applicant counsel was present, but notice was not taken, hence the present MA (SR No.6167/2017) was dismissed for default.
5. Thereafter Applicant has filed IA No.2251/2017 for recall of the order 22.11.2017. On 24.11.2017, this Tribunal considered the IA and the same was allowed with a direction to the Applicant to re-issue the notice to the bank. On subsequent hearings both sides were present 3M.A No.39/2020
and steps taken for R2 & R3, since no representation for R2 & R3, hence R2 & R3 set exparte on 27.03.2018.
6. Respondent filed its objection on 15.05.2018 after taking three adjournments on 02.04.2018, 27.04.2018, 14.05.2018 and the matter stood posted for hearing, but Applicant have been seeking time from 07.06.2018, but thereafter remained absent on 10.06.2019, 30.09.2019, 03.07.2020, 14.10.2020, and finally today i.e. on 20.11.2020 also there is no representation from the Applicant to hear on the delay application. It appears that the applicant is not interested in prosecuting the case; hence the present MA is dismissed for default.
*(Dictated to the Stenographer (TS), after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this day 20<sup>th</sup> November, 2020)*
Sd/- **PRESIDING OFFICER** DRT-2, BENGALURU
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