M/s Maa Laxmi v. Aryavart Bank
Case brief
What is this about?
The appeal filed under Section 20 of the RDB Act was disposed of. The court held that since the original application regarding the rejected recall is pending before the Tribunal, the remedy lies in filing an appropriate application before that Tribunal rather than pursuing this appeal.
What did the court decide?
The appeal is disposed of by directing the appellant to file an appropriate application before the Tribunal below.
Appeal Dy. No. 1115/2024 Date: 20.01.2025
M/s Maa Laxmi Vs. Aryavart Bank
Present: Shri K. Kartikey, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 20 of the RDB Act against the interim order dated 07.11.2024 passed by the Tribunal below in O.A. No. 934/2019, whereby the recall application has been rejected.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, this court is of the opinion that since the original application is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application for redressal of his grievances before the Tribunal below against the interim order. If such application is filed, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law most expeditiously preferably on the same day or within a week thereafter.
In view of the aforesaid, the present appeal is finally disposed off.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the interim order impugned in the appeal is justiciable when the original application is still pending before the Tribunal.
Parties & counsel
- appellant
M/s Maa Laxmi
- respondent
Aryavart Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
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