UNION BANK OF INDIA vs MRS RENU SHARMA on 16 December 2021

IN TFIE DEBTS RECOVERY TRIBLINAL LUCKNOW Present: A. H. Khan, Presiding Officer Dated of order 16.12.2021 In M.A. No. 8l of 2021 Sl. No. I 12 Present:- Ld. Counsel for the applicant Mr. Sanjeev Panda The respondents None Counsel for the applicant bank stated that bank had filed O.A. for recovery ofRs. 55,16,874.00 against the defendants before this Tribunal. In this case the bank could not taken steps for service of notice upon the defendants and the matter was listed before the court on l5.ll.2}2l. On 15.11.2021 the Hon'ble P.O. was on leave thereafter the case was fixed on 29.11.2021. On29.11.2021 the counsel for the applicant bank due to some personal engagement could not appear and instructed his associate to appear, it appears that he could not attended the proceeding and as such the O.A. was dismissed in default. Immediately on coming to know of the dismissal order the applicant bank had filed this recall application on 14.12.2021. Heard the counsel for the applicant bank and gone through the record. Perusal of record reflects that the O.A was dismissed for non-compliance of the order in taking steps. Considering the facts mentioned in the application and the present recall application has been filed within the limitation period. The counsel for the applicant bank undertakes to take care of the cases in future. Since huge public money is involved in the matter, therefore, I feel it fair and judicious to recall the order of dismissal dt.29.11.2021 subject to cost of Rs. 5000/- to be deposited with the Lucknow DRT Bar Association (LDBA). On deposit of cost, the case will be restored to its original number and status. With the above observation, the misc. application is disposed of. , a 4du.?i""y Presiding Officer Let the file be consigned to record.