Debts Recovery Tribunals and Appellate Tribunals
M/S SUMALYA CONSTRUCTIONS PRIVATE LIMITED vs INDIAN OVERSEAS BANK on 21 January 2026
1M.A. No.56 of 2019
IN THE DEBTS RECOVERY TRIBUNAL, AT LUCKNOW
Present: Pravas Kumar Singh, Presiding Officer Miscellaneous Application No.56 of 2019
Dated 21.01.2026
Gyan Prakash Katiyar S/o Ram Awtar Katiyar, ----- Applicant R/o B-2060, Indranagar, Lucknow.
Versus
Indian Overseas Bank, Branch-Mahanagar, ----- Respondent Lucknow-226001 through its Mranch Manager.
Ld. Counsel for the applicant: Mr. S. Upadhayay, Advocate Ld. Counsel for the respondent: Mrs. Megha Pandey, Advocate
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**JUDGMENT**
M
1. 1. This Miscellaneous Application has been brought by the applicant for setting aside / recall of the order dated 19.07.2019. It is submitted that the applicant came to the Tribunal on 18.07.2019 and he could not find his case in the cause list of the day and inspection was made through his lawyer and came to know regarding the passing of this ex-parte judgment.
2. 2. It is further submitted that the publication of notice was made on Delhi Edition newspaper whereas the defendant No.5 (present applicant) resides in Lucknow. It is submitted that the applicant has lodged an F.I.R. against the Bank Official and borrower of this loan. One another ground has been made that the asset upon which the loan has been taken the surety in a criminal case.
3. 3. I have considered the submissions.
4. 4. I find that the applicant has not stated in his application as to why he came to the Tribunal and how he could know regarding
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pendency of the OA. As the OA order to be proceeded ex-parte on 18.07.2019 itself and the order passed on 19.07.2019. Section 5-A of the Debts Recovery Tribunal (Procedure) Rules, 1993 reads as:-
(1) *Any party which considering itself aggrieved by an order made by the Tribunal on account of some mistake or error apparent on the face of the record, desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal which had made the order.*
(2) *No application for review shall be made after the expiry of a period of (thirty days) from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application.*
(3) *Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application but, where the Tribunal is of opinion that the application for review should be granted, it shall grant the same.*
5. I find that any of the ground raised in the Section 5-A has not been made out by the applicant. Accordingly, this Miscellaneous Application is **dismissed** being devoid of any merit.
6. File be consigned to record room.
[Pravas Kumar Singh] Presiding Officer Debts Recovery Tribunal, Lucknow.
Judgment signed, sealed, dated and pronounced in the open court on this 21<sup>th</sup> Day of January, 2026.
[Pravas Kumar Singh] Presiding Officer Debts Recovery Tribunal, Lucknow.
(Mugish)