Mr. Hirenkumar Shashikant Patel vs INDIAN OVERSEAS BANK on 19 September 2026

Exh-5

<table border="1"><tr><td data-bbox="173 70 350 118"><b>19.09.2026</b></td><td data-bbox="350 70 893 118"><b>MA/ 49 /2026</b></td></tr><tr><td data-bbox="173 118 350 926"><b>PRESENT :</b></td><td data-bbox="350 118 893 926"><p>Mr. C.Z. Shankhla, Id. counsel for the applicant<br/>Ms. Harshada Darji, Id. counsel for respondent bank (on virtual mode) who has submitted that her memo of appearance will be filed on the records of this Tribunal during the course of the day.</p><p>This is a Misc. Application with a prayer to restore the counter claim No. 1 of 2026 which has been dismissed on the grounds of non-pursuance vide order dated 07.09.2026.</p><p>It has been prayed that vide order dated 26.03.2026 the counter claim in question was consolidated with OA No. 528/2018 but somehow that was not consolidated and on the date fixed the case was dismissed on the ground of non-pursuance. It has been submitted that it is necessary in the interest of justice that the counter claim which was consolidated with the OA, may be heard and decided together and on this ground it has been prayed that order dated 07.09.2026 may be recalled and the counter claim No. 1 of 2026 be restored and fixed for regular hearing with consolidated OA No. 528/2018 which is fixed for final hearing on 23.09.2026.</p><p>Ld. counsel for the respondent on the other hand has strongly opposed this application and submitted that some serious allegations have been unnecessarily made by the applicant in the 3^rd para of the application and in prayer No. 3 which is not well founded, however, she has not denied that this counter claim was consolidated with OA No. 528/2018 and it is a counter claim relating to that OA.</p></td></tr></table>

Nair/1

Ld. counsel for the applicant has submitted that he is not pressing those allegations and this Tribunal also is not interested to entering into any unnecessary controversies.

Looking to the facts of the case, the counter claim concerned was consolidated with the OA and it has been dismissed on the ground of non-persuasion it appears in the interest of justice that the order of dismissal of counter claim be recalled and the counter claim is necessary to be restored on its original number to achieve the purpose of justice.

Accordingly, MA No. 49/2026 is hereby allowed and order dated 07.09.2026 passed dismissing counter claim No. 1 of 2026 is hereby recalled and counter claim No. 1 of 2026 is restored to be registered on its original number.

Registry is directed to do the needful in this regard and fix the counter claim No. 1 of 2026 along OA No. 528/2018 for hearing. Meanwhile, Registry is also directed to comply with the directions relating to consolidating both these matters.

It is further directed to fix the counter claim No. 1 of 2026 after it is re-registered at its original number for final hearing on **23.09.2026**, along with OA No. 528/2018.

(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD 19.09.2026