Debts Recovery Tribunals and Appellate Tribunals

Smt B Triveni vs Indian Overseas Bank on 17 December 2020

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**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA

AT BENGALURU**

Dated this the 17<sup>th</sup> day of December 2020

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

**Hon`ble Presiding Officer**

Miscellaneous Appeal [MA] No.19/2020

**BETWEEN:**

Smt. B.Triveni,

W/o. Guruprasad K.S.

Residing at No.18/c,

Dattatreya Temple Road,

T.K.Thimmarayagowda Layout,

Hosakerehalli, BSK III Stage,

Bangalore - 560 085.

** ...APPLICANT**

**AND:**

Indian Overseas Bank,

No.28, 27<sup>th</sup> Cross,

Near Monotype bus Stop,

Banashankari II Stage,

Bangalore - 560 070.

** .... RESPONDENT**

Counsels on record/appeared for:

Applicants : Sri D.S. Sampath

Respondent :

**FINAL ORDER ON MA**

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1. The Applicant has filed the present MA on 10.08.2018 to set aside the Order passed by this Tribunal on 22.04.2017 in T.A. No.186/2017.

2. On 17.12.2020 none represents the matter. M.A. is filed on 10.08.2018. The Applicant was directed to issue notice to 2M.A. No.19/2020

the respondents by RPAD on 09.10.2018 and accordingly the Applicant has taken out the summons/notice which is also received by the Bank. On 18.11.2019 they remained absent. Inspite of service of summons none represents on 18.11.2019,27.02.2020. On 13.08.2020 when the matter was taken on board, none represents the matter even in the 2<sup>nd</sup> round and the matter was adjourned to today. There was no representation for either parties and it appears that both the parties are not keen in prosecuting the matter. Further the matter pertains to 2018 & the same is being protracted in recovering the amount due to the bank.

3. 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. 19/2020 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 17<sup>th</sup> December, 2020)*

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

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