Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs HARIG CRANKSHAFT LTD ORS on 14 March 2024
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IN THE DEBTS RECOVERY TRIBUNAL LUCKNOW
Present: A.H. Khan, Presiding Officer
Dated of order 14.3.2024
M.A. No.44 of 2021
**Present:-**
<table border="1"><tr><td>Counsel for the applicants</td><td>Mr. Sachin Garg</td></tr><tr><td>Counsel for the respondent-bank</td><td>Mr. Ajesh Anand</td></tr></table>
In this case, the Hon'ble High Court of Judicature at Allahabad, Lucknow Bench vide order dated 05.02.2024 in matters under Article 227 No.511 of 2024 had directed this tribunal to decide the M.A. within four weeks from the date copy of the order is placed before this tribunal.
The present Misc. Application is filed on 14.10.2021 within a period of limitation by the applicant to recall the ex-parte judgment dated 06.9.2021 passed by this tribunal in O.A. No.247 of 2011. He submits that on 06.9.2021, Shri Nileshe Advocate appeared before this tribunal and sought time to address final argument, therefore, prays to allow the said M.A. and an opportunity of hearing may be given to hear the case on merit.
Heard counsel for the parties and gone through the record.
Huge amount of Rs.44,37,85,234.93.00/- crores is lying unrecovered since 2011.
From the perusal of record, it is seen that the case was proceeded ex-parte against the applicant vide order dated 31.8.2021 passed by this tribunal and ex-parte judgment dated 06.9.2021 was passed in O.A. No.247 of 2011. In para No.3 of the instant M.A., the applicants have stated that Shri Nileshe Advocate appeared before this tribunal and sought time to address final argument. As such, this tribunal was pleased to adjourn the matter for final arguments. On scrutiny of file of O.A. No.247/2011, it is found, that the said averment of the M.A. is totally incorrect, it is also seen that the defendants have not filed any recall application on 06.9.2021 for recall the order of recalling ex-parte. The order sheet dated 06.8.2021, 31.8.2021 & 06.9.2021 reflects that the applicants not put appearance before this tribunal to seek time to argue the matter, the M.A. application has been filed on false and frivolous ground, therefore, I do not find any merit to recall the ex-parte judgment dated 06.9.2021 passed in O.A. No.247/2011.
In view of above submission and observation, the present Misc. Application filed by the applicant is dismissed without cost.
Let the file be consigned to record.
(A.H. Khan) Presiding Officer