The Tribunal allowed an applicant's request to recall a default dismissal order dated 20.4.2022 by invoking Section 22(2)(g) of the RTA Act, citing the interest of justice, before disposing of the matter.
Orders dated 20.4.2022 passed in SA 217/2019 are set aside and the matter is restored for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Office action taken with data
f· DEBTS RECOVERY TRIBUNAL, PATNA Office action ..-Date of:der Order with the !; cr proceedmg Signature of the Court taken with ,~~~~~~~--------------------~~~~~~~~~----------------------~-------------"
:.. 17.08.2022
,. 1.
| MA 72 of 2022 (arising out of SA 217/2019) Sanjay Kumar Singh Vs Canara Bank present: Shri Rahulld. counsel for the applicant Shri Manish Kumar ld. counsel for the respondent. 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. It has been submitted on behalf of the applicant that on the date fixed ld. |
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| 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 20.4.2022 passed in SA 217/2019 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 20.4.2022 passed in SA 217/2019 is hereby set aside. Accordingly, this MA stands disposed off. Put up t:hiS SA 217/2019 on 12.10.2022 for hearing. Order be uploaded on the Tribunal's website. V (Kaushalendra Yadav) Presiding Officer Patna |
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2 issues framed by the court
Whether the Debt Recovery Tribunal has the power to recall an order dismissing a case in default under Section 22(2)(g) of the RTA Act.
Whether the default dismissal order dated 20.4.2022 should be set aside to hear the matter on merits.
1 provisions across 1 enactments
Sanjay Kumar Singh
Canara Bank
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
