Debts Recovery Tribunals and Appellate Tribunals
SIDBI vs Kosas Exports Pvt Ltd on 18 August 2025
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Exh-5
18-08-2025
MA/74/2018
Present :
Mr. Mohan Solanki, Ld. Counsel for the Applicant.
None appeared on behalf of the Respondents.
This MA has been filed for passing appropriate order in the connected SA No: 83/2017, on the grounds that after this SA No: 83/2017 was finally disposed by the judgement dated 11-10-2018 passed by this Tribunal and the Applicant was directed to hand over the possession of the secured assets to the borrower/the Applicant in this SA. Further development occurred in the related matter before the Hon'ble NCLT, an order has been passed to hand over the possession of the secured assets to the Resolution Professional. The Ld. Counsel for the Applicant wants that an appropriate order may be passed in the SA, with regard to this subsequent development.
It is an admitted fact that the concerned SA has already been decided by this Tribunal on 11-10-2018 and after that judgement, this Tribunal has no right to interfere into its own judgement. This MA cannot be considered as review application because in this MA, no arithmetical or clerical error has been sought to be removed nor any error apparent on the record is sought to be corrected. If any subsequent event has happened in the Hon'ble NCLT after passing that order, it is upon the Bank to follow the order as per law but no further action is required to be done in the SA, which has already been decided by this Tribunal.
It appears that the Applicant SIDBI has thought it's duty to inform this Tribunal that the order passed by this Tribunal was not complied as subsequently Hon'ble NCLT has directed to hand over the possession of the secured assets to the Resolution Professional. Let this information be kept on record and as it has already been expressed by this Tribunal, this MA cannot be considered as review application and there appears no legal grounds/reasons to revisit the judgement passed by this Tribunal itself or of passing any order in this regard.
With these observations, this MA is hereby disposed of with no order as to cost.
Let this file be consigned to records.
**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER,** **DRT-II, AHMEDABAD.**
us/61