This court disposed of a recall application seeking to recall ex-parte orders dated 01.10.2021 and 31.01.2023, allowing the applicant to move the Tribunal below for relief.
The recall application is disposed of with liberty to the applicant to move an appropriate application before the Tribunal below.
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I.A. No. 101/2023 In Regular Appeal No. 22/2022 Date: 28.02.2023
Punjab National Bank Vs. M/s Essare International and Ors.
Present: Shri A. K. Pal, Advocate holding brief of Shri Sanjai Singh, counsel for the appellant-bank, Shri Sujan Singh, counsel for the respondent nos. 3 & 5, Shri S. K. Gupta, counsel for the respondent no. 4,
Heard the learned counsel for the respondents/applicant on the recall application for recalling the orders dated 01.10.2021 and 31.01.2023. It is contended that the respondent no. 5 was represented before the Tribunal below through Shri S. K. Pandey, advocate, but for the reason best known to the local counsel, the reply could not be filed, therefore, the order was passed ex-parte against the applicant.
Learned counsel for the respondent no. 4 contends that if the applicant has any grievance, he may move an application before the Tribunal below for recalling the ex-parte order and he cannot come directly to this Tribunal on the ground that the respondent no. 5 could not appear before the Tribunal below, therefore, this Appellate Tribunal should set aside the order impugned against him.
In view of the above, the recall application is disposed off with liberty to the applicant to move an appropriate application before the Tribunal below with regard to his grievance, which he may have and the Tribunal below may decide the same most expeditiously in accordance with law.
Justice R. D. Khare Chairperson
VN Giri
Punjab National Bank
M/s Essare International and Ors.
R. D. Khare
VN Giri
As recorded by the court registry
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