The applicant sought correction of an appellate order dismissing its appeal without addressing merits, relying on pending proceedings and prior liberty to file grievance applications before the lower tribunal.
The application for correction was rejected and disposed of.
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Misc. Application No. 21/2025 In Appeal Dy. No.1723/2024 Date: 13.05.2025
Punjab National Bank Vs. Sh. Paras Bathla
Present: Shri Jainendra Kumar Mishra, counsel for the applicant,
Heard the learned counsel for the applicant.
The present misc. application has been filed by the applicant for correction in the order dated 12.11.2024 passed by this Appellate Tribunal, whereby the Appeal Dy. No. 1723/2024 filed by the appellant was disposed off.
It appears that the aforesaid appeal was filed by the applicant-Bank against the interim relief granted by the Tribunal below in the S.A. No. 231/2024 filed by the respondent-borrower vide order dated 12.09.2024 subject to deposit of Rs. 3.00 lacs on or before 18.09.2024. The said appeal was disposed off vide order dated 12.11.2024, which is sought to be corrected by the applicant, with liberty to the applicant to file appropriate application for redressal of his grievances before the Tribunal below on the ground that the securitization application was not adjudicated on merits and nothing else. Since the S.A. filed by the borrower against the applicant is still pending before the Tribunal below and the interim order dated 12.09.2024 was granted by the Tribunal below in favour of the borrower subject to deposit of Rs. 3.00 lacs on or before 18.09.2024 and the applicant has already been granted liberty to raise all its grievances before the Tribunal below vide order impugned, therefore, the question of correction of the said order does not arise, as the said order was passed without expressing any opinion on merits of the case. Thus, the present application is liable to be rejected. Accordingly, the same is rejected.
In view of the above, the application stands disposed off.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether a correction application is maintainable when the impugned order was passed without expressing any opinion on the merits of the case.
Punjab National Bank
Sh. Paras Bathla
Justice R. D. Khare
VN Giri
As recorded by the court registry
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