Pinaki Patra vs UNITED BANK OF INDIA on 29 July 2022

**FINAL ORDER**

**Delivered on 29-07-2022**

This M.A. has been filed on 10-02-2022 by the Misc. Applicants for recalling the order dated 05/01/2022 and restore the case in its original file.

2. The brief facts of the Misc. Application as set out by Misc. applicants in the Misc. application are –

(i) That the Misc. Applicants have filed the present application challenging the measures initiated by United Bank of India and the said Sarfaesi application was registered as SA No. 270 of 2019.

(ii) That during pendency of the SA the defendant Bank namely United Bank of India merged with Punjab National Bank and the defendant bank was to be substituted by Punjab National Bank in view of change of circumstances.

(iii) That when the matter came up for hearing it was directed that the name of the defendant bank be changed from erstwhile UBI to Punjab National Bank but the same

(iv) That from March, 2020 the tribunal was shutdown due to onset of Covid pandemic and the tribunal could not act and work uninterruptedly and due to which there was no scope for the applicant /petitioner to carry out amendment at a time when the bank got merged in 2020 and only on 5.1.2020 the said matter came before the Ld. Tribunal for hearing after a considerable period of 2 years.

(v) That the Misc. Applicants therefore prays that the Ld. Tribunal may be pleased to pass an order admitting the instant application and thereafter be pleased to pass orders recalling the order dated 05.01.2022 and restore the case in its original file .

3. Defendant Bank has filed the Affidavit in Opposition on 02.03.2022 against the instant M.A. and denied all materials allegations as stated by the Misc. Applicants in their Misc. Application and contended inter-alia, as under -

(i) That the defendant Bank states that the Misc. Application is not maintainable in law and is liable to be dismissed on the very threshold of the proceeding being not maintainable.

(ii) That the defendant Bank states that the merger has placed w.e.f. 01.04.2020 as the applicant is under legal compulsion to substitute PNB in place of UBI. The applicant was not interested to do the same. But the Ld. Presiding Officer by doing paramount justice has directed the applicant to file appropriate application for carrying out the amendment within 15 days from the date of receipt of order. Accordingly , the matter ws posted before the Ld. Registrar bench on 10.03.2021. On 10.03.2021 although Ld. Advocate has appeared but substitution petition has not been filed. The aforesaid incident clearly establish the fact that the applicant is not at all interested to pursue his matter seriously and as such there is non-compliance of order since 22.02.2021. So, from 22.2.2021 to 22.12.2021 even getting the opportunity of 10 months the applicant has failed to file an innocuous application for substitution. The Defendant Bank states that the conduct of the applicant is not at all bona fide and applicant is not serious about his legal proceeding, even reluctant to comply the order of Ld. Tribunal from time to time. So, the Ld. Tribunal has very rightly dismissed the said SA for non-compliance. The Defendant Bank states that the M.A. is not entertainable and liable to be rejected in limini.

4. That based upon the above pleadings and Affidavit in opposition filed by the Bank and documents, I pass the following order:

ORDER

The instant application is filed by the Misc. Applicant for recalling the Order dated 05.01.2022 and restore the case in its original file.

The Respondent Bank has filed its opposition to the instant M.A. and denied all the averments made by the applicants and prayed for dismissal of the M.A. as not maintainable in fact and under law. On perusal of the previous order dated 22.12.2021, the SA was dismissed for non-compliance of the Tribunal orders for carrying out the amendment for substituting the cause title from United Bank of India to that of Punjab

the SA was dismissed for non-compliance of the Tribunal orders for carrying out the amendment for substituting the cause title from United Bank of India to that of Punjab National Bank after amalgamation of Bank vide Gazette notified G.S.R. 153(E) G.S.R. 154(E), G.S.R. 155(E) and G.S.R. 156(E) w.e.f. 01.04.2020. That despite several opportunities the Applicant has deliberately not bothered to comply the orders of this Tribunal and accordingly the SA was dismissed.

Heard both sides. This Tribunal is of the opinion that SA has been filed challenging the Sarfaesi measures initiated by the Respondent Bank. The outstanding dues of the Applicants is to a tune of more than One Crore as per Section 13(2) notice. In the interest of justice the M.A. is allowed upon payment of costs of Rs.10,000/- (Rupees Ten Thousand only) to the account of P.M. Relief Fund along with appropriate application for amendment of the cause title within 15 days from the date of this order. The Applicant is further directed to get ready with final hearing of the SA within a period of 60 (sixty) days. Accordingly, the M.A. being M.A. 02 of 2022 arising out of S.A. 270 of 2019 is allowed and disposed of.

Let the SA/270 of 2019 be restored to original file.

The order is dictated and corrected by the undersigned and pronounced on this the 29^th day of July, 2022, in the presence of Ld. Counsel for the Defendant Bank, Ms. Anindita Das.

Copy of the Order be uploaded in the Tribunal's Website.

Sd/-

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(Makena Srinivasa Rao) Presiding Officer DRT-2, Kolkata