Niti Agarwal & Ors vs BANK OF BARODA on 6 July 2026

**J U D G M E N T**

**(Date of Decision: 06.07.2026)**

1. 1. The Applicants have filed this instant Miscellaneous Application on 04.07.2025 for recall the order dated 03.04.2025 and further to restore the S.A .No. 166 of 2024.

2. 2. It is submitted that the applicants preferred the instant application against the order dated 03.04.2025 passed by the Tribunal in SA No. 166 of 2024 where the petition was dismissed in default.

1. 3. The applicants preferred the SA No. 166 of 2024 against the proceedings initiated by the respondent bank against Late Mr. Mayank Agarwal, who is the husband of the Applicant No. 1 and father of Applicant No. 2 & 3 in continuation to the proceedings, the bank sold the property of the deceased without impleading the Applicant No. 2 & 3 as legal heirs of Late Mr. Mayank Agarwal.

2. 4. That the said case was listed on 03.04.2025 but inadvertently the office staff of the Applicants' Counsel had mistakenly noted case in his case diary No. 03.06.2025 as next date of hearing instead of 03.04.2025 due to which the applicant and counsel or the applicant were not aware about the hearing date which was fixed 03.04.2025 due to which the matter has been dismissed.

3. 5. It is submitted that non-presence of the applicants and the counsel on scheduled date is unintentional.

4. 6. In the light of above stated submissions, it is requested that the order dated 03.04.2025 be recalled otherwise the applicant will suffer irreparable loss.

5. 7. The Applicants have also filed delay condonation application under Section 5 of the Limitation Act, 1963 IA No. 636/2025. It is submitted that the said case was listed on 03.04.2025 but inadvertently the office staff of the Applicants' Counsel had mistakenly noted case in his case diary No. 03.06.2025 as next date of hearing instead of 03.04.2025, so the delay is neither wilful or intentional on the part of applicants and prayed to condone the delay in filing the petition.

6. 8. The Respondent bank has filed objection with affidavit of Sh. Manoj Joshi Chief Manager by diary No.5788 dated 24.10.2025.

7. 9. It is submitted in Para-6 that the application has been filed much beyond the statutory period. It is further stated that the legal heirs of Late Sh.

Mayank Agarwal namely the applicants were duly impleaded in the recovery proceedings initiated by the respondent bank. The allegations have been made only to cover up the laches on its parts. It is absolutely wrong to allege that the date was noted 03.06.2025. It is further submitted that the applicants and their counsel had purposely stayed away from the Tribunal on the date fixed with the intention to delay the recovery proceedings. The absence of the applicants and their counsel was intentional and wilful. The applicants have efficacious remedy to file an appeal against the order dated 03.04.2025. The Applicant have no ground to set aside the order dated 03.04.2025 and the respondent bank has taken the action in accordance with law. It is further stated that the applicants are not suffering from any loss so the applicants are not entitled to any relief and the present application is liable to be dismissed.

1. 10. Heard Ld. Counsel for Applicants and Ld. Counsel for respondent bank.

2. 11. In this matter, the applicants have approached for recall of order dated 03.04.2025 on the basis of noting date 03.06.2025 in place of 03.04.2025 mistakenly by staff of Ld. Counsel of applicants. But nothing has been submitted on record.

3. 12. Previously during proceeding of Securitization Application, the Tribunal has directed the applicants on the basis of allegation made by respondent bank against the applicants that the applicants have already sold hypothecated plant and machinery, for clarification on affidavit within 15 days by order dated 02.08.2024 and fixed 28.08.2024. The Applicant has appeared in person but nothing has been submitted in compliance of order dated 02.08.2024. The Tribunal has provided opportunity again to applicants on 28.08.2024. But nothing submitted. The Tribunal has fixed 18.11.2024 for arguments, again 24.01.2025 and on 24.01.2025 fixed 03.04.2025. The order dated 03.04.2025 has also been passed not only on the basis of absence of applicants but by considering non-compliance of order dated 02.08.2024. The conduct of the applicants has shown that the applicants were not ready for fairness in relation to controversy between the parties and tried to get undue benefit by escaping and again try through this application to linger on the final outcome of the matter without complying order of the Tribunal. As nothing has been submitted proof in support of version of noting date 03.06.2025 in place of 03.04.2025 and the application has been filed after three months from the date of order, the conduct of applicant has shown otherwise in absence of compliance of order dated 02.08.2024 even mentioned bank action is illegal in this recall application but not ready to clarify about illegality committed by applicants themselves as alleged by secured creditor.

1. 13. Everyone is duty bound to approach with clean hands but the applicants are alleging respondent bank and not ready to clarify about the conduct of themselves.

2. 14. The conduct adopted by applicants and nothing has been submitted on record in support of the version on the basis of which, applicants want to proceed further after a period of ninety days from the date of order. The Applicants are duty bound to prove that the version or the basis of petition is true but in absence of any proof in support of version, the applicants are not entitled for the relief claimed.

3. 15. In the light of above discussions, the prayer of the applicants is not allowable and liable to be rejected. Hence rejected.

The petition is dismissed accordingly.

Interim order, if any vacated. All Interim Applications are disposed off in the light of above.

Record be consigned.

If applicants feel grievance by this order may approach Hon'ble Debts Recovery Appellate Tribunal, Allahabad in Appeal under Section 18 of the S.A.R.F.A.E.S.I. Act.

**Dated: 06.07.2026**

(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun

06.07.2026