Debts Recovery Tribunals and Appellate Tribunals
M/s SUSHILA READYMADE GARMENTS vs BANK OF BARODA on 24 August 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson
I.A. No. 453/2026 (WoD)
In
Misc. Appeal Diary No. 1001/2026
Between
M/s. Shushila Readymade Graments
… Appellant/s
V/s.
Bank of Baroda & Ors.
…Respondent/s
-: Order dated: 24/08/2026: -
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1. Present as under:
Mr. Sunil Kadam, Counsel for Applicant. Mr. A.B. Shinde, Counsel for Respondent No.1/Bank. No representation for the other Respondents despite repeated calls.
2. The matter is taken up for hearing by way of praecipe filed by the Applicant for seeking urgent relief.
3. The Learned Counsel for Respondent No. 1/Bank tenders the Vakalatnama and the same is taken on record.
4. On 14.08.2026, this case was taken up by way of a praecipe filed by the Applicant/Appellant. On the same date, the Applicant/Borrower was directed to serve the Respondents by registered speed post. However, the report of the Registry dated 21.08.2026 would reflect that the service affidavit has not been filed by the Applicant/Borrower.
5. On query, the Learned Counsel for the Applicant/Borrower would submit that he did not take steps to serve the Respondents despite the order dated 14.08.2026. He seeks to explain that the Applicant/Borrower is residing in the same premises and for that reason, the Applicant/Borrower chose not to serve Respondent No. 2 despite the specific direction passed by this Appellate Tribunal.
6. In view of the above, this Appellate Tribunal is of the view that failure to serve Respondent No. 2 despite the specific direction raises a doubt as to whether Respondent No. 2 might be having some adverse to that of the Applicant interest in the property in question.
7. The Learned Counsel for the Applicant/Borrower seeks one more opportunity to serve Respondent No. 2 by registered speed post.
8. Steps be taken within one week.
9. Meanwhile, the Respondent No.1/Bank may file the reply to the I.A. No. 453/2026.
10. List the case on 06.10.2026 for hearing. Sd/- Chairperson Psa-02