OMPRAKASH GUPTA AND ANR vs CANARA BANK on 11 June 2026

Rina S. Order Sheet (continuation) Case No. MA/20/2023 arising out of TSA/86/2013 OMPRAKASH GUPTA AND ANR Vs CANARA BANK Date of the Order

11/06/202

Ld. Counsels Mr. Sukumar Bhattacharya and Ms. Oindrila Chatterjee appeared for Misc. Applicant. Ld. Counsel Mr. Onkar Ganguly appeared for Respondent Bank. Applicant has filed TSA/86/2013 challenging the Possession Notice u/s 13(4) of the Sarfaesi Act dated 10/01/2013. It is stated by the Applicant that a notice was issued by the Ld. Tribunal, fixing the scheduled date as to when the matters of the DRT-I and DRT-III would be taken up. According to the schedule 25.07.2023 was fixed for DRT-III matters. According to the said schedule DRT-I matter was not supposed to be taken on

25. O7.2023 and it was supposed to be taken on 26.07.2023. The initial advocate on record was Ms. Arpita Mukherjee, who did not appear due to personal reason. Subsequently Ms. Oindrila Chatterjee, learned advocate was appointed to conduct the case. On the dated of hearing i.e. on 25/07/2023 Ms. Oindrila Chatterjee could not appear at the time of hearing when the matter was called on due to her illness. As a result, the matter was dismissed for default. Applicant prayed for recall of

Rina S. Date of the Order order dated 25.07.2023. Respondent Bank has filed objection to this MA contending that Application is not maintainable. Respondent Bank has strictly denied paragraph 5.1,5.2 and 5.3. Respondent Bank has filed cause list dated 25/07/2023 in which this SA was listed for hearing at Sl. No. 11. Respondent Bank stated that about change of the Advocate by the Misc. Applicants was not in the knowledge of the Defendant no. 1. Respondent Bank also denied paragraph 5.5,5.6 and 5.7, 5.8 and 5.9. Respondent Bank also stated that Misc. Application filed for recall of the order dated 25.07.13 is baseless. misconceived, harassing, malafide and dragging the matter for indefinite period to jeopardize Bank's interest to recover the public money and the instant Misc. Application is not tenable as per law and prayed for dismissal of the SA. MA was heard on 27/04/2026. Respondent Bank has filed written notes of argument. When the Applicant stated about the notice of this Tribunal when on which date matter of DRT-3 will be taken up but has not filed any such notice. Rather the matter was listed on 25/07/2023 at serial no. 11 for hearing. Illness of conducting Advocate is not a

Rina S. Date of the Order valid ground for setting aside the order of dismissal. This is a pretty old matter and Applicant was not serious for hearing. There is no merit in the MA. It is ordered as follows: MA/20/2023 arising out of TSA/86/2013 is dismissed on contest against the Respondent Bank. (Ambuja Mohan Das) Presiding Officer