Disposed of an appeal where the appellants contended an impugned ex-parte order should be set aside. The court held the appellant has a remedy to apply for recall before the Tribunal where the OA is pending, with a two-month timeline for hearing.
2-month timeline directed for lower Tribunal to hear recall application and decide the OA on merits.
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Appeal Dy. No. 67/2022 Date: 06.12.2023
Dakshin Bihar Gramin Bank Vs. Kritika Agro Industries Pvt. Ltd. and Ors.
Present: Shri Alok Rai, Advocate holding brief of Shri Ashish Pratap Singh, counsel for the appellant-Bank, Shri Saurabh Paul, counsel for the respondents no. 1 & 2,
Learned counsel for the appellant submits that as per settled law, once the order has been passed by the Tribunal below, the same cannot be recalled by it. Proceedings were in the knowledge of the respondents. It is contended that the respondents were not appearing despite service of notice, therefore, the matter was decided ex-parte.
Learned counsel for the respondents submits that the matter was decided ex-parte, therefore, recall application was filed, which was rightly allowed by the Tribunal below. It is contended that the O.A. is pending before the Tribunal below therefore, necessary direction be issued to the DRT to consider and decide the matter within the time as stipulated by this Tribunal.
Learned counsel for the appellant submits that as the order has been recalled, therefore, the order impugned is required to be set aside so that the matter may be decided by the Tribunal below.
Be that as it may, as the O.A. is pending consideration before the Tribunal below, the appellant has remedy opened to him by moving an appropriate application before the Tribunal below for recall of the order, which is impugned in this appeal and decide the O.A. on merits. If the appellant moves such application as per law before the Tribunal below, the same shall be considered and decided strictly in accordance with
law most expeditiously preferably within a period of two months from the date of production of certified copy of this order.
Accordingly, the appeal stands disposed off.
Justice R. D. Khare Chairperson
Anupam
Dakshin Bihar Gramin Bank
Kritika Agro Industries Pvt. Ltd.
R. D. Khare
Anupam
As recorded by the court registry
7 orders share this CNR
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