Single judge quashed default dismissal order and recalled main application under S. 22(2)(g) RDB Act in interest of justice.
Order dated 18.4.2022 passed in SA 72/2013 set aside; MA disposed of; SA 72/2013 listed for hearing on 12.10.2022.
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DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court
Office action taken with data
. Date-of 'der or proceeding ,~ . : t· ;
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MA 71 of 2022 (arising out of SA 72/2013)
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| Dr. Matuk Nath Choudhary Vs Housing And Urban Development Corporation Ltd. present: Shri Rahul ld. counsel for the applicant Shri S.S. Thakur ld. counsel for the respondent. |
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| 17.08.2022 | During the course of hearing, it has come to my notice that there is no signature of anybody on the application. Ld. Counsel for the applicant request for an opportunity to rectify this irregularity/infirmity. Request of the applicant is allowed. The applicant may put his signature on this application today itself As the signature has been made by the applicant on this application. Hence matter is heard. < Ithas been submitted on behalf of the applicant that on the date fixed ld. Counsel was not well. As such he could not attend the Tribunal on the date fixed for hearing and the case was dismissed in default and requested that the order dated 18.4.2022 passed in SA 72/2013 may be recalled. Ld. Counsel for the respondent opposed this application specifically on the ground that the Tribunal has no power to restore the case which has been dismissed in default. On the other hands it has been pointed out there is power to restore the case u/s 22(2)(g) of the RDB Act In the interest of justice, the Tribunal should exercise the jurisdiction which permits for hearing the parties on the merits. Hence this application is allowed and orders dated 18.4.2022 passed in SA 72/2013 is hereby set aside. Accordingly, this MA stands disposed off Put up the SA no. 72/2013 on 12.10.2022 for hearing. Order be uploaded on the Tribunal's website. v Patna (Kaushalendra Yadav |
v (Kaushalendra Yadav) Presiding Officer
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2 issues framed by the court
Whether the Tribunal has power to recall an order dismissing a case in default under S. 22(2)(g) of the RDB Act.
Whether restoration of the matter is in the interest of justice.
1 provisions across 1 enactments
Dr. Matuk Nath Choudhary
Housing And Urban Development Corporation Ltd.
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
