Debts Recovery Tribunals and Appellate Tribunals
Kamlakar son of Late Raghunath Pathak vs The Managing Director Janta Sahakari Bank Limited on 2 November 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson M.A. No. 28/2026 (Restoration)
In
(Misc. Appeal No. 208/2024-Disposed of)
Between
Kamlakar S/o Late Raghunath Pathak (Deceased)
though its legal heir, Prakash S/o Kamlakar Pathak … Appellant/s
V/s.
The Managing Director Janta Sahakari Bank Ltd.
& Ors.
…Respondent/s
-: Order dated: 02/11/2026: -
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1. Present as under:
Mr. Pratik, Counsel for Appellant. Mr. Vishal Tambe, Mr. Vijay C., Counsel for Respondent Nos. 1 to 3. No representation for other Respondents despite repeated calls.
2. Heard the M.A. 28/2026 for restoration of appeal.
3. The Learned Counsel for the Appellant would submit that the Appellant could not remain present on 26.02.2026, consequently, the service affidavit could not be filed; that, the absence was neither intentional nor deliberate.
4. Considered.
5. Sufficient cause has been shown for the non-appearance of the Appellant and non-filing of the service affidavit on 26.02.2026.
6. Accordingly, the Misc. Application No. 28/2026 is allowed. The order dated 26.02.2026 is hereby recalled and Misc. Appeal No. 208/2024 is restored subject to cost of ₹5,000/- to the DRT, Bar Association, Mumbai, to be deposited within one week.
7. List the case on 14.12.2026 before the Ld. Registrar for report on compliance. Sd/- Chairperson 02.11.2026 Psa-17