Writ Petition No.19435/19 against

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL- KOLKATA
(CAMP  AT DRT, HYDERABAD)
HON’BLE Mr.Justice Anil Kumar Srivastava, Chairperson
Miscellaneous Appeal No.58 of 2024
   (Arising out of  I.A.2165/2019 in O.A. 820/2018 in DRT-I, Hyderabad)
23.06.2025 
1.
M/s Vyshnavi Trading India Pvt.Ltd.
Rep. by Sarath Chandra Babu,
  
S/o. late Nageshwar Rao, aged  60 years,
  
Office at: 8-3-319/5, 3rd floor,
Bharathi Nilayam, Sai Saradhi Nagar,
Yellareddyguda, Hyderabad-73.
  
Telangana
2. 
Sarath Chandra Babu,
   
S/o late Nageshwar Rao, aged 60 years,
Office at: 8-3-319/5, 3rd floor,
Bharathi Nilayam, Sai Saradhi Nagar,
Yellareddyguda, Hyderabad-73.
Telangana.                               …. Appellants
-Versus-
1. 
Union Bank of India
   
Having its branch office at 
Hyderguda branch,
   
Rep. by is Power of Attorney,
   
Sri Mohammed MahboobAlam,
  
S/o. Mohammed  Majibun Rahman,
  
Aged about 44 years, Occ:Chief Manager,
  
R/o. Hyderguda, Hyderabad-73.
2. 
Mrs.Shanti Lakshmi,
   
W/o. Sarath Chandra Babu,
   
R/o. 8-3-319/5, 3rd floor,
Bharathi Nilayam, Sai Saradhi Nagar,
Yellareddyguda, Hyderabad-73.
   
Telangana
3.       Mr.Niha Gopal Banik,
         S/o late Rajendra Banik,
         R/o 35E, Mahanirban Roadn,
         Gariahat, Dist., South 24,
         Pargana, Kolkata-700029.
                                  … Respondents
for the Appellants :Sri Nemani Srinivas, Ld. advocate. 
                           Sri  Sharad Sanghi,   Ld.Advocate
for  Respondents : Mr. Dipanjan Dutta , Ld. Advocate (through V.C)

2
The Appellate Tribunal:
1.
Heard Ld. counsel for the parties and perused the record.
2.
This application is arising out of the judgement and order 
dt.28.08.2019 
passed 
by 
learned 
DRT-I, 
Hyderabad 
in 
O.A.No.820/2018 wherein I.A.No.2165 of 2019 filed by the 
defendants for extension of time in filing written statement being 
forty-five days was dismissed by the learned DRT-I, Hyderabad. 
3.
Feeling aggrieved by the said order, the Appellants preferred 
appeal.
4.
The Appellants preferred Writ Petition No.19435/19 against 
the impugned order dt.28.08.2019 before the Hon’ble High Court 
of Telangana at Hyderabad which was dismissed on 24.04.2024 
giving liberty to the Appellants to file an appeal u/s 18 of RDB 
Act, 1993 and accordingly, the present appeal is filed by the 
Appellants. O.A.820/2018 was filed by the Respondent Bank u/s 
19 of RDB Act, 1993, which was registered and notices were 
issued to the Appellants who are defendants in the O.A. 
5.
Notices were served upon the Appellants/defendants on 
11.03.2019 but none appeared and the matter was listed on 
14.03.2019. On 14.03.2019, Vakalatnama was filed by the 
defendants No.1 to 3 whereas Defendant No.4   who was also 
served but none represented and hence the proceedings were 
conducted exparte in respect of defendant no.4.  08.04.2019 was 
fixed for filing written statement by Defendants No.1 to 3. On 
08.04.2019, written statement was not filed and sought time.  

3
Time was granted till 29.04.2019 with a direction that if the same 
is not filed within the stipulated time, right to file written 
statement shall stand closed.  
On 29.04.2019 again written 
statement was not filed and adjournment was sought by the 
defendants and the matter was listed on 27.05.2019. Again on 
27.05.2019, written statement was not filed, time was sought to 
file the same. Defendants filed a memo stating that material 
papers were not served upon them.  The Bank was directed to file 
material papers within one week and the matter was posted to 
24.06.2019. Again, written statement was not filed and 
adjournment was sought.  Matter was fixed on 02.07.2019 and 
on 02.07.2019 again written statement was not filed and the 
conditional order dated 24.06.2019 passed by the DRT  which 
was not complied.   Accordingly, right to file written statement 
was closed by the learned DRT-I, Hyderabad.  
Thereafter, 
I.A.2165/2019 was filed praying for setting aside the said order 
dated 02.07.201

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