M. SURYANARAYANA RAO Vs. KOTAK MAHINDRA BANK LTD.

JUDGEMENT

(1.) The docket order dated 20.05.2019 passed by the Debts Recovery Tribunal - I, Hyderabad, in I.A. No.3199 of 2018 filed by the petitioner - defendant Nos.4 and 9, refusing to condone the delay of 590 days in filing an application for setting aside the dismissal order dated 21.02.2017 is under challenge.

(2.) It is the contention of the petitioners that respondents bank filed O.A.No.59 of 2007 under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (for short 'Act') against the petitioners, respondent Nos.3 to 6 herein and others for recovery of an amount of Rs.4.05 Crores.

(3.) However, the Debts Recovery Tribunal - I, Hyderabad, dismissed the said application vide order dated 20.05.2019 holding that as O.A. No.59 of 2007 filed by the respondents' bank itself came to be dismissed for default, the counter claim of the petitioners, independently, sans OA, would not survive before it and also that no purpose would be served even if the application to condone the delay is allowed. The Tribunal while dismissing the aforesaid application directed the Registry to refund the Court fee paid by the petitioners as per the Rules.