State Bank of Patiala v. Mohan Bhai Charitable Trust

RA No.2/2024

DEBTS RECOVERY TRIBUNAL-1, CHANDIGARH

RA/2/2024 IN SA No.415/2017

STATE BANK OF PATIALA (NOW SBI) AND OTHERS Vs. MOHAN BHAI CHARITABLE TRUST

16.01.2024 Item No.101

Argued by: Sh. Dipinder Singh, Counsel for the applicant.

Sh. Rakesh Gupta, Counsel for respondent bank.

Respondent No.3 in SA No.415/2017 has filed this application for review of the order dated 08.09.2023, whereby this Tribunal has dismissed the SA filed by Mohan Bhai Charitale Trust with the liberty to proceed against respondent No.3 in respect of his rights in accordance with the law.

Applicant/respondent No.3 states that he had never authorized Sh. Arpit Chawla, to appear in this case on his behalf. Mohan Bhai Charitale Trust had not claimed any relief against respondent No.3. Accordingly, this Tribunal should not have given the liberty to Mohan Bhai Charitale Trust to take appropriate proceedings against respondent No.3 .

However, I am of the considered view that there is not merit in the present application. First of all the applicant has not affixed proper court fees on the application. Applicant states that it is a review application. However, he has titled the same as MA. Further, he has not alleged that there is an error apparent on the face of the record fuNher the order was passed by this Tdbunal in the presence of counsel for respondent No.3, who hever objected to the same.

I am of the considered view that the application is wholly misconceived and the same is hereby dismissed.

A copy of this order be sent to all the paNics. File be consigned to record room aBer due compliance. /

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PANKAJ

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