inordinate delay and a delay of short duration or few days, for to the

Reportable/Non-Reportable 
 
 
 
 
 
 
 
 
                                            
 
 
       
 
 
 
 
 
 
   
               Misc. Appeal No. 61 of   2024-DRAT-Kolkata 
          IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA 
 
 
 
 
  (Camp-Hyderabad) 
 
                                Misc. Appeal No. 61 of 2024 
  (Arising out of I.A. 178 of 2024 in M.A. 1012 of 2024 O.A. 344 of 2020  
   in DRT-I, Hyderabad) 
 
 
 
 
 
      HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA 
 
 
 
 
 
 
             CHAIRPERSON  
    
 
 
 
 
 
1. Dr. Alla Ramasheshaiah, S/o. Venkateswar Rao, R/o. 5-6-17, Near Axis 
 
Bank, Bottuguda Prakasam Bazar, Nalgonda; 
 
2. Dr. Alla Naga Sai Prany, S/o. Dr Ramaseshaiah, R/o. 5-6-17, Near Axis 
 
Bank, Bottuguda Prakasam Bazar, Nalgonda.  
 
 
 
 
                    
 
 
 
 
 
        … Appellants 
 
 
 
 
       -Versus- 
 
1.  The  Bank   of    Baroda,   Represented   by  its Authorised Officer, Plot     
 
No.  12, 34/94,   Opposite   PWD    Guest    House,   Shanthi     Nagar,  
 
Sangareddy,  Medak District, P.I.N. - 501201;  
 
2. Mr. Kandula Ramakrishna,  son of Subba Rao, R/o H. No. 18-586, PH 
 
No. 
309, 
Raghavendra 
Tqavar, 
Ashok 
Nagar, 
Miryalguda,            
 
Nalgonda – 508207; 
 
3. Mr. Nanavath Ravi, son of Chandar, R/o. 4-41, Bompalli, Domma 
 
Mandal, Rangareddy – 501 502; 
  
4.  Mr. Nanavath Mothilal, son of Chandar, R/o. 4-41, Bompalli, Domma 
 
Mandal, Rangareddy – 501 502; 
 
5. Mr. Vislavath Ratna Babu, son of V. R .Naik, R/o. 4-25, 
 
Snathronipally, Kollur Village, Nawabpet Mandal, Mahboobnagar, 
 
Telangana-509 202; 
 
6. Mr. K. Vijay Kumar, Son of K. Vishweswara Rao, 4-1-55, 1st Floor, Old 
 
Bhoiguda, Near Mutyalamma Temple, Panduranga Swamy Temple 
 
Lane, Secunderabad-500 003.    
 
 
 
 
 
 
 
 
 
     …  Respondents 
 
 
 
 
 
 
Counsel for Appellant       
 
 …    Mr. Amancharla Gopala Rao  
 
Counsel for Respondents            
…    
Mr. Dipanjan Dutta (Virtual) 
 
 
JUDGMENT                           
:    
25th June, 2025 
THE APPELLATE TRIBUNAL :  
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
       
 
      Misc. Appeal No. 61 of   2024-DRAT-Kolkata 
2
1. 
Heard Learned Counsel for the parties and perused the 
record. 
 
 
 
 
2. 
The instant appeal is arising out of the impugned 
judgment and order dated 01.05.2024 passed by Learned   
DRT-I, 
Hyderabad 
in 
I.A. 
178 
of 
2024 
in              
M.A. No. 1012 of 2024 in O.A. 344 of 2020 whereby              
I.A. 178 of 2024 to condone the delay of 225 days in filing 
petition to set aside the ex parte order dated 12.04.2023 in 
O.A. 344 of 2020 was dismissed. 
3. 
Feeling aggrieved, the Appellant preferred the appeal. 
4. 
In short, facts of the case as seen from the pleadings 
are that O.A. 344 of 2020 was filed on 03.10.2020 against 
the Appellants herein wherein summons were issued and 
served upon the Defendants/Appellants on 04.02.2021. 
Appellants filed vakalatnama on 10.03.2021 and material 
papers were served on 21.05.2021.  Written statement was 
to be filed on 30.03.2022 but the same was not filed even 
after giving sufficient time. Accordingly, right to file written 
statement was forfeited vide order dated 31.05.2022. 
Respondent Bank's evidence was filed on 14.10.2022. On 
28.11.2022, fresh vakalatnama was filed on behalf of the 
Appellants. On 17.01.2023, Defendants/Appellants' right to 
cross examine 
the 
Bank witness was 
closed. 
Bank 
arguments were heard on 07.02.2023. No arguments were 
placed by the Appellants and their right of arguments was 
closed on 05.04.2023 and the O.A. was decided on 
12.04.2023 ex parte against the Appellants.  
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
       
 
      Misc. Appeal No. 61 of   2024-DRAT-Kolkata 
3
5. 
Appellants filed M.A.IR. 1012 of 2024 on 22.12.2023 to 
recall the judgment passed in 0.A. 344 of 2020 along with      
I.A. 178 of 2024 for condoning the delay of 225 days in filing 
M.A. which was heard and disposed of by the Learned         
DRT-I, Hyde

…