STATE BANK OF INDIA vs PAVITHRA SEN on 30 September 2026

**ORDER**

Miscellaneous Application No.20/2026 was filed on 29.08.2026 under S.22(2)(g) and (h) of the Recovery of Debts and Bankruptcy Act, 1993 (as amended from time to MA No.20/20262

time)-hereinafter referred to as 'the Act' praying for set aside the order dated 06.08.2026 passed in TA 70/2020 or by recalling the order dated 06.08.2026 by permitting the applicant to take further steps/proceedings. The petitioner is none other than the applicant in the OA.

2. The applicant bank has filed the present Miscellaneous Application seeking setting aside of the order dated 06.08.2026 passed in TA No.70/2020 and restoration of the said TA to its original number.

3. Heard the learned Counsel for the Applicant bank and perused the records.

4. Learned Counsel for the applicant bank submits that on 06.08.2026, the learned counsel appearing for the bank could not attend the proceedings due to ill health. It is further submitted that the mother of the learned counsel was hospitalised and owing to the said circumstances, the learned Counsel could neither attend the proceedings nor take necessary steps in the matter. It is therefore prayed that the order dated 06.08.2026 may be set aside and TA No.70/2020 may be restored.

5. I have considered the submissions. It is seen from the order dated 06.08.2026 that the TA was not dismissed merely on account of absence of the learned Counsel on that particular date. The Tribunal has specifically recorded that the applicant had neither appeared in most of the dates nor taken any effective steps in the matter since 23.01.2023 and consequently, it was construed that the applicant was no longer interested in prosecuting the proceedings. The TA was accordingly dismissed for default as well as for non-prosecution.

6. The explanation regarding the illness of the learned counsel and the critical condition of his mother may constitute a sufficient explanation for the inability of the learned Counsel to appear on 06.08.2026. However, the said circumstances do not explain the prolonged inaction of the applicant bank from 23.01.2023 onwards. The applicant bank, being the party responsible for prosecuting its claim, was required to MA No.20/20263

remain vigilant and take appropriate steps for effective prosecution of the proceedings. The prolonged absence and failure to take steps cannot be attributed solely to the circumstances prevailing on 06.08.2026.

7. Nevertheless, having regard to the fact that the applicant bank seeks restoration of the proceedings and in order to advance substantial justice, this Tribunal is of the view that one final opportunity may be granted to the applicant to prosecute the matter, subject to payment of appropriate costs. The imposition of costs is warranted in view of the prolonged non-prosecution and the consequent delay caused in the disposal of the proceedings.

8. Accordingly, the Miscellaneous Application No.20 of 2026 is allowed, subject to the following conditions: -

1. i. The order dated 06.08.2026 dismissing TA No.70/2020 for default and non-prosecution is hereby set aside.

2. ii. TA No.70/2020 is restored to its original number and position, subject to payment of costs of ₹25,000/- (Rupees Twenty-Five Thousand only) by the applicant to the District Legal Service Authority, Bangalore urban, City Civil court complex, Bangalore within two weeks from the date of this order and file proof of such payment before the Registry.

3. iii. The restoration shall take effect only upon payment of the aforesaid cost within the stipulated period. In the event of failure to pay the cost within the stipulated period, the benefit of restoration shall stand withdrawn and the order dated 06.08.2026 dismissing TA No.70/2020 for default and non-prosecution shall stand revived, without the necessity of passing any further order.

MA No.20/20264

- iv. The applicant bank shall thereafter take all necessary steps for effective prosecution of the TA and shall remain duly represented on every date of hearing.

- v. It is made clear that the restoration granted herein is being treated as a final opportunity to the applicant bank. In the event of any further default, failure to take necessary steps, or non-prosecution of the matter, the Tribunal shall be at liberty to proceed in accordance with law and no further indulgence shall ordinarily be claimed on the same grounds.

9. The Miscellaneous Application No.20 of 2026 stands disposed of accordingly.

10. List the TA No.70/2020 on 13.10.2026 for further proceedings before the Registry.

*[Dictated to my L.R. transcribed by him, corrected and pronounced by me in the open Tribunal on this the 30^th day of September, 2026]*

[ IMTIAZ ALI ]

IN THE DEBTS RECOVERY TRIBUNAL - 1, KARNATAKA AT BANGALORE

PRESENT: SRI IMTIAZ ALI PRESIDING OFFICER

Dated the 30^th day of September, 2026

**MISCELLANEOUS APPLICATION No.20 OF 2026 IN TRANSFER APPLICATION NO.70 OF 2020**

Between

State Bank of India, Having its Assets Recovery Management Branch at II Floor, BKG Complex Building, Avenue Road, Bengaluru-560009, Now transferred to SARB, J C Road, Bangalore, Rep. by its Authorised Officer Sri Vivek Raina. ....Petitioner/Applicant

And

Pavithra Sen, S/o Late Vishwasen Shetty, R/at Sarsamma Bhagh, Nilikar Village, Post Nellikar-577273 Dakshina Kannada, And another. .... Respondents/defendants

**ORDER**

A. 30.09.26