M/S Agarwal Enterprises v. Bank of India and Ors.
Case brief
What is this about?
The Tribunal dismissed the applicant's recall application regarding an order passed after hearing both parties despite counsel's claim of non-intimation about a pending appeal. The court held no good ground existed for recall, directing the applicant to approach the pending appeal.
What did the court decide?
The application for recalling the order dated 26.05.2022 is dismissed.
What the court decided
M.A. No. 20/2022 In Appeal Dy. No. 50/2020 Date: 09.02.2023
M/s Agarwal Enterprises Vs. Bank of India and Ors.
Present: Shri S. K. Pandey, counsel for the applicant, Shri P. K. Gupta, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
Perusal of the order dated 26.05.2022 shows that the same was passed after hearing both the counsels for the parties. In the recall application, it has been stated that while passing the impugned order dated 26.05.2022, this Tribunal was not intimated by any of the counsels appearing in the matter about the pendency of the appeal Dy. No. 87 of 2020 filed by the appellant, challenging the interlocutory order, which is still pending and it is also mentioned that it is expedient and necessary in the matter that the appeal filed by the appellant be decided before the S.A. is decided.
Be that as it may, the order dated 26.05.2022 was passed after hearing both the parties and the applicant has failed to make out a good ground for recalling the said order. Therefore, the application for recalling the order impugned is dismissed. However, the applicant may move an appropriate application in the pending appeal for deciding the same at the earliest.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the applicant has made out sufficient grounds to recall the order dated 26.05.2022.
Whether the pendency of the related appeal Dy. No. 87 of 2020 justifies recalling the defectively served interlocutory order.
Parties & counsel
- applicant
M/s Agarwal Enterprises
- respondent
Bank of India
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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