Jitendra A Pathak v. Bank of Maharashtra & Ors.

Jitendra A Pathak

…Appellant

…Respondent

Case No: Misc. Appeal No. 101/2022

Date of Judgement: 27/09/2023

Judges:

Mr Justice Ashok Menon, Chairperson

For Appellant: Mr Sanjay Dubey, i/b Mr Arun Upadhyay, Advocate.

For Respondent: Mr Sachin Koli, Advocate.

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Facts:

Arguments by the Parties:

The Appellant argued for condonation of the delay of 680 days in filing the application under Section 19(25) of the RDB Act to set aside the order dated 05.04.2018 in O.A. No. 2093/2016. The Appellant claimed to be the rightful owner of the subject property and alleged that the property was fraudulently transferred by Chogaram Kalaji Chaudhary using a forged power of attorney. The Appellant relied on the order of the Recovery Officer dated 25.04.2022 as the starting point of the limitation period.

The Respondent Bank of Maharashtra vehemently opposed the Miscellaneous Application for condonation of delay filed by the Appellant.

Sections and Laws Referred:

Recovery of Debts and Bankruptcy Act, 1993 (RDB Act)

• • Section 19(25) (Setting aside orders passed ex parte)