Debts Recovery Tribunals and Appellate Tribunals
MS SHIVAM AGENCIES vs BANK OF MAHARASHTRA on 27 September 2024
**ORDER-SHEET** Page No. ....
**DEBTS RECOVERY TRIBUNAL, DEHRADUN**
**M.A. No. 79 of 2024.**
**M/s Shivam Agencies & Anr. Vs. Bank of Maharashtra**
**Date: 27.09.2024**
Item No.06
Present: Sh. Yash Kedia, Counsel for the Applicants Sh. R.S. Bajwa, Counsel for Respondent Bank Called out, Ld. Counsel for the parties present.
The applicant has moved an application for recall of award dated 19.06.2024. As per award Para-9, the Original Application for recovery was proceed ex-parte vide order dated 04.06.2024 and after hearing Ld. Counsel for applicant bank the award has been passed by this Tribunal.
This petition has been filed by the applicant on 30.08.2024, an application for condonation of delay has also been filed by the applicant with the version that "the applicant was shocked to receive the judgment/order dated 19.06.2024 on 06.08.2024".
The respondent bank has submitted an order passed by Hon'ble High Court of Judicature at Allahabad in Writ C No.29888/2024 Virendra Singh & 3 Ors Vs. State of U.P. & 2 Ors. Sh. Virendra Singh is applicant No.2 in this petition.
The Writ Petition was disposed off by Hon'ble High Court on 09.09.2024. The Hon'ble High Court has already passed order with consent of Ld. Counsel for the parties as under:
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1. a) The petitioner shall deposit 10% of the total outstanding amount as indicated under notice 13(2) of the Act dated 31.01.2022 as upfront money by 30.09.2024
2. b) The remaining amount along with up-to-that interest will be deposited in three equal bimonthly instalment, so that the entire liability is cleared within next six months.
3. c) In case of default in complying with the conditions stipulated above, the instant arrangement will stand discharged automatically and it shall become open to the respondent bank to proceed further in the matter in accordance with law.
**ORDER-SHEET** Page No. ....
**M.A. No. 79 of 2024**
**M/s Shivam Agencies & Anr. Vs. Bank of Maharashtra**
Before passing the said order by Hon'ble High Court, the applicant has already been filed present recall application on 30.08.2024.
Now Ld. Counsel for applicant without disclosing the order passed by Hon'ble High Court in Writ Petition, prayed for considering the recall application even though as per order passed by Hon'ble High Court the time is available to the applicant for deposition of 10% amount as directed by the Hon'ble High Court up to 30.09.2024. The Hon'ble High Court has already granted relief to the applicants. But the applicants want to get benefit in otherwise manner also by avoiding/concealing the judgment/order of Hon'ble High Court.
This practice cannot be said good and not healthy for any judicial or semi judicial institution, if permitted like this, the litigants, those have no faith in truth and not obeyed the law and the judgment/order on judicial side. The applicant wants to get benefit against the judgment/order of the Hon'ble High Court from this Tribunal even though the consent of the Ld. Counsel for applicant has already been given before Hon'ble High Court for passing the order/judgement dated 09.09.2024.
The petition as per award was filed by the applicant bank on 07.06.2023 and prayed for award in relation to the amount of Rs.2,26,90,193.61ps with interest w.e.f.01.06.2023 till the date of realization and costs.
After considering the situation of this petition, in the opinion of the Tribunal, a cost should be imposed on the applicant of Rs.50,000/- (Rupees Fifty Thousand only).
The applicant shall deposit the cost of Rs.50,000/- (Rupees Fifty Thousand only) within a period of 30 days from today in State Legal Services Authority, Uttarakhand. The applicant shall also liable to pay Rs.10,000/- (Rupees Ten Thousand only) in relation to the fee of Ld. Counsel for respondent who has appeared today before the Tribunal on behalf of respondent bank within a period of 30 days from today to the respondent bank and shall submit receipt in **ORDER-SHEET**
**Page No. ....**
**M.A. No. 79 of 2024**
**M/s Shivam Agencies & Anr. Vs. Bank of Maharashtra**
cost and also fee of Ld. Counsel for respondent bank within a period of 45 days from today on record.
**The Office is directed, a copy of this order be sent to Ld. Secretary/Member, Hon'ble State Legal Service Authority, Uttarakhand for information and necessary action.**
In the light of above observations/directions, the petition is disposed off accordingly.
Record be consigned.
(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun
27.08.2024