SHYAM WARP AND WEFT PVT LTD AND ORS vs CITY UNION BANK LIMITED on 28 January 2025

**JUDGMENT**

1. 1. The present Miscellaneous Applications are preferred by the Applicants seeking review of the common order dated 08.12.2024 passed by this

2 M.A. No.6 of 2025 with M.A. No. 8 of 2025 with

Tribunal in O.A.No. 586/2024, O.A.No. 587/2024, O.A.No. 570/2024, O.A.No. 198/2024, O.A.No. 390/2024, O.A.No. 499/2024 and for other incidental reliefs.

Since all these matter are interconnected and arising out of the same subject matter, I have deemed it proper to hear and dispose them of together by this common order.

1. 2. Brief facts of the case, as pleaded by the Applicants, are as under:-

1. a) It is submitted that the captioned Original Applications being filed by the Respondent Bank against the Applicants were placed before this Tribunal in the National Lok Adalat held on 08.12.2024 and in view of common consent terms filed by the Applicants in all the above OAs and their connected corresponding SAs being S.A. No. 792/2023, 793/2023, 794/2023, 30/2024 & 31/2024, respectively and that borrowers, guarantors and mortgagors and secured assets being common in all the above OAs and its connected corresponding SAs, all the said matters were disposed off by this Tribunal, vide its order dated 08.12.2024, by way of a common order.

2. b) In terms of the said consent terms filed in the above connected matters, the Applicants herein agreed to pay an amount of Rs.7.30 Crores in full and final satisfaction of the Respondent Bank's claim involved in all the above OAs and their connected SAs, which was to be paid uptill 31.01.2025, as mentioned in the consent terms filed before the Bench constituted on 08.12.2024 for the purpose of this National Lok Adalat by the parties before the Conciliators. In view of the said facts, all the above OAs and connected SAs were disposed off by this Tribunal on 08.12.2024 in accordance with the consent terms, forming part of the said order.

3. c) It is further submitted that the said settled amount of Rs.7.30 Crores was agreed to be paid in two installments i.e. (i) Rs.2.50 Crores on or before 31.12.2024 and (ii) Rs.4.80 Crores on or before 31.01.2025. However, that the order dated 08.12.2024 passed by this Tribunal in the National Lok Adalat held on 08.12.2024 came to be uploaded on the website of this Tribunal on 01.01.2025, as a result of which, due to non-availability of copy of the order dated 08.12.2024 passed by this Tribunal, the new financier of the Applicants i.e. Konkan Financial Capital (Fincap) Ltd., failed to disburse the finance agreed and promised in favour of the Applicants. It is submitted that as per the agreed terms between the Applicants herein and new financier of the Applicants, the loan application was to be processed by the financier, after receiving a copy of the order passed by this Tribunal. Copy of the communication exchanged between the said financier and Applicants herein has been annexed along with the present application as well as pursuant Ex.A/7.

d) It is submitted that resultant to which, Applicants defaulted in paying the first installments in terms of the consent terms filed in all the above matters before the National Lok Adalat held on 08.12.2024, due to which Applicants will have to pay the total claim of the Respondent as mentioned in Clause 6 Reliefs of all the above OAs. It is submitted that the default in payment of the first installment dated 31.12.2024 has occurred due to the aforesaid unavoidable circumstances, which unfolded after passing of the order dated 08.12.2024, which was made available on the website of this Tribunal only on 01.01.2025. It is submitted that the Applicants are still inclined to pay the settlement amount in terms of the consent terms; however, the order dated 08.12.2024 passed by this Tribunal may be modified to the extent that the Applicants may be permitted to pay the first installment of Rs.2.50 Crores on or before 31.01.2025 instead of 31.12.2024 and second installment of Rs.4.80 Crores on or before 28.02.2025 instead of

31.01.2025 and accordingly, appropriate order may be passed in the above matters in terms of the respective reliefs sought for in these applications.

1. 3. Respondent has filed its reply at Ex.R/6 and submitted that the Applicants have failed the present application seeking relief for extension of time to make the payment as agreed in the consent terms dated 08.12.2024 before the National Lok Adalat held on 08.12.2024 under the guise of uploading of the final order dated 08.12.2024 on 01.01.2025 on the official website of DRT. It is submitted that after the matter was settled in National Lok Adalat on 08.12.2024, the status of all the above matters were reflecting as 'Settled in Lok Adalat' in the official website of the DRT, as such, the contention raised by the Applicants that the default was committed by the Applicants due to non-availability of the order dated 08.12.2024 passed in National Lok Adalat is an afterthought and gist of the matter is that the Applicants failed to comply the terms and conditions of the consent terms so filed by the Applicants before the National Lok Adalat held on 08.12.2024.

2. 4. It is submitted that in view of the default committed by the Applicants in complying with the terms and conditions of the consent terms filed by the Applicants before the National Lok Adalat held on 08.12.2024, question of granting further time extension for compliance of the order dated 08.12.2024 does not arise, since the arrangement entered into by the Applicants and the new financier regarding disbursement of finance was never a condition precedent and/or part and parcel of the consent terms submitted before the National Lok Adalat held on 08.12.2024 and/or order dated 08.12.2024 passed by this Tribunal. As such, it is submitted that in view of non-compliance of terms and conditions of consents terms as well as order dated 08.12.2024 passed by this Tribunal, Respondent may be permitted to proceed further as per the default clause of consent terms and order dated 08.12.2024 passed by this Tribunal. Accordingly, the present application may be disposed off, accordingly.

1. 5. I have heard Ld. Counsel for the parties and perused the documentary evidences placed on record.

2. 6. Considering the averments made by the Ld. Counsel for both the parties, it is an admitted fact that the above captioned matters were settled before the National Lok Adalat held on 08.12.2024 on the terms and conditions of consent terms submitted by the parties and resultant to which, this Tribunal, has passed appropriate order dated 08.12.2024 for repayment of the settled amount in all the connected OAs as stated above, and accordingly, disposed off the said matters. However, since the Applicants have defaulted in repayment of the settlement amount in terms of the consent terms, which formed part of the order dated 08.12.2024 passed by this Tribunal, the Applicants herein have filed the present Miscellaneous Application seeking for rectification/correction of typographical error in the order dated 08.12.2024 passed by this Tribunal.

3. 7. In light of the aforesaid admitted facts, it cannot be said that the judgment and order dated 08.12.2024 contains any mistake or error on the face of record. It is required to be noted that under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, there is no power of "Review" of order passed by DRT. However, Rule 5A of the Debts Recovery Tribunal (Procedure) Rules, 1993 provides for review powers in case of some mistake or error apparent on the face of record. Rule 5A of DRT Procedure Rules reads as under:

*"5A. Review. –*

*(1) Any party considering itself aggrieved by an order made by the Tribunal on account of some mistake of error apparent on the face of the record desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal which had made the order.*

*(2) No application for review shall be made after the expiry of a period of sixty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application.*

*(3) Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application but where the Tribunal is of opinion that the application] for review shall be granted, it shall grant the same: Provided that no such application shall be granted without previous notice to the opposite party to enable him to appear and to be heard in support of the order, a review of which is applied for."*

8. Considering the aforesaid facts and circumstances of the case, I am of the opinion that the Applicants herein has failed to show any mistake or error apparent on the face of record and therefore, the impugned judgment and order dated 08.12.2024 passed by this Tribunal in the captioned matters being O.A.No. 586/2024, O.A.No. 587/2024, O.A.No. 570/2024, O.A.No. 198/2024, O.A.No. 390/2024, O.A.No. 499/2024 cannot be reviewed. Therefore, the present Miscellaneous Application is devoid of merits and it is required to be dismissed. Hence, I pass the following order:

**ORDER**

- (i) All the Miscellaneous Applications, as mentioned in the cause title of this order are hereby dismissed with no order as to cost.

- (ii) File be consigned to records.

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