BANK OF BARODA vs Utamkumar P. Nangalia on 30 September 2026

**ORDER**

1. 1. The Respondent Bank has filed the present Miscellaneous Application seeking waiver of the cost of Rs.5,00,000/- imposed by this Tribunal vide order dated 11/06/2026 in MA No.29/2019, and removal of directions issued to the General Manager of the Bank to remain present before this Tribunal.

1. 2. It is submitted that pursuant to the aforesaid order, the Respondent Bank has now fully complied with the directions of this Tribunal by restoring possession of the secured assets to the Applicants. The Bank has also placed on record an affidavit along with Panchnama and acknowledgment of the Applicants evidencing restoration of possession.

2. 3. Having considered the submissions and perused the compliance affidavit, it is evident that the Respondent Bank has now acted in conformity with the order dated 11/06/2026. The Applicant Bank has filed memo dated 08/07/2026 regarding restoration of physical possession of secured assets to the Respondents, which contains signatures of concerned Respondents and witnesses in token of receipt of possession at page 115-117 with Review Application.

3. 4. Respondent Nos.1, 3, 4 & 5 have appeared through their Advocate and have filed their Written Arguments, along with certain documents and copies of some rulings vide Ex.R/12.

4. 5. The Respondents have contended that the Applicant Bank had already invoked the jurisdiction of the Hon'ble High Court of Gujarat in relation to the subject matter by filing SCA No.8257 of 2026. The material facts, dispute and grounds raised in the present Review Application are substantially identical to those raised by the Applicant Bank

before the Hon'ble High Court of Gujarat in SCA No.8257 of 2026, challenging the very same order dated 11/06/2026 passed by this Tribunal in M.A. No.29 of 2019. The Hon'ble High Court, by its oral order dated 19/06/2026 permitted the Applicant Bank to withdraw the said petition with liberty to pursue its remedy before the Hon'ble DRAT, Mumbai in accordance with law. In view of the said order, the Applicant Bank was required to pursue the remedy before Hon'ble DRAT, Mumbai rather than filig the present Review Application before this Tribunal on the same grounds. The Applicant Bank cannot, after obtaining specific liberty to approach the Hon'ble DRAT, circumvent the said order by Respondent-agitating the same grievance before this Tribunal. Accordingly the present Review Application is not maintainable before this Tribunal and deserves to be dismissed.

1. 6. The Respondents have further contended that review jurisdiction is limited in nature and cannot be exercised as if this Tribunal were hearing an Appeal against its own order. While admitting restoration of physical possession of the secured premises by the officials of the Respondent Bank to the Respondents herein on 08/07/2026, the Respondents have stated that certain portions of the premises, installations and fixtures were found in a condition materially different from that reflected in the contemporaneous possession records. The Respondents

have also filed complaints before the concerned police authorities.

1. 7. The primary grievance of the Respondents stood redressed upon restoration of possession, and they are not directly concerned with the cost imposed upon the Bank, which was essentially in the nature of a disciplinary measure against the erring officer.

2. 8. This Tribunal has considered the rival submissions and perused the material on record. The record shows that the Applicant Bank has now complied with the substantive direction contained in the order dated 11/06/2026 by restoring possession of the secured assets to the Respondents. The memo dated 08/07/2026 regarding restoration of physical possession, along with the signatures of the concerned Respondents and witnesses, forms part of the record.

3. 9. The object of imposing cost was to ensure accountability and compliance with judicial orders. Once the Bank has complied with the substantive direction of restoring possession, the punitive element of cost ceases to serve any further purpose. The Tribunal is satisfied that the ends of justice have been met by compliance, and continuation of the cost order would only burden the institution, which is dealing with public money, rather than advance the cause of justice.

1. 10. It is well settled that costs are compensatory or deterrent in nature, but they are not intended to operate as perpetual punishment once compliance is achieved. In the present case, the Applicants have already obtained the relief sought, and waiver of cost does not prejudice their rights.

2. 11. Accordingly, this Tribunal deems it appropriate to reduce the cost of Rs.5,00,000/- to Rs.50,000/-.

3. 12. It is made clear that such reduction of cost does not amount to this Tribunal sitting in appeal over its own order. The Tribunal is not reconsidering the merits of the earlier order as an appellate forum. The present modification is confined only to the ancillary and consequential aspect of costs, in view of subsequent compliance and in the interest of justice. The power exercised herein is limited and does not amount to a rehearing of the original matter on merits.

4. 13. In view of the above, the direction requiring the General Manager of the Applicant Bank to remain present before this Tribunal is also required to be vacated. Hence, the following order is passed:

**ORDER**

- • The Review Application is allowed in part.

- • The cost of Rs.5,00,000/- imposed vide order dated 11/06/2026 passed in M.A. No.29 of 2019 is hereby reduced to Rs.50,000/-.

- • The Applicant Bank shall deposit the said amount with the concerned authority mentioned in the order dated 11/06/2026 within one week from today and shall file compliance before this Tribunal within three days thereafter.

- • The direction requiring the General Manager of the Applicant Bank to remain present before this Tribunal is hereby vacated.

- • The Review Application stands disposed of accordingly.

- • The matter is closed.

**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD** **30/09/2026**

\*ykb\*