Mohd Shoib Ansari v. State Bank of India
Case brief
What is this about?
The Recovery Tribunal recalled an order dismissing Small Cause MA No. 132/2019 for default and restored it to its original position due to the applicant's counsel being unaware of the cause list at the time of dismissal.
What did the court decide?
The order dated 04.8.2022 was recalled and Small Cause MA No. 132/2019 was restored to its original position.
What the court decided
A compact analysis
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.
DEE TS RECOVERY TRIBUNAL LUCKNOW
| Date of order or proceedin! |
Orderwithsignatureof court |
I Officeaction takenwithdate |
|---|---|---|
| MA No.173/2022 27.11.2025 Sl No.47 |
BH of Mr.RajeevBhatnagar,Ld. Counselfortheapplicantispresent. Ld.Counselfortheapplicantis movingMAforrestoratioinofSA No.132/2019.1tissubmittedthatwhen noneappearedonrepeatedcalls, SA No.132/2029was dismissed fordefault videorderdated04.8.2022.Itis submitted thatname of the applicant counsel was not showing in thecause list,hence, hecouldnotappearedbefore the Tribunal. It isfurther submittedthat immediately i.e. on 30.8.2022,recall applicationhasbeenfiled, It isfurther submittedthat if SAis not restored to its original position,it will cause alosstotheapplicant. In view of fact, orderdated 04.8.2022isrecalledandSA No.132/2019isrestoredto itsoriginal position. Applicantisdirectedto givenotice to therespondent-bank informingthat SAhas beenrestored. LettheSANo.132/2029belistedon 21.9.2026for hearing. Order beuploadedontheTribunal’s website. (Dictated) (Pravas Kumal .lgh) PresidingOfficer / (Veeresh) |
Issues for consideration
2 issues framed by the court
Whether a Small Cause matter dismissed for default due to non-appearance in office action should be restored on application.
Whether the original order dismissing the Small Cause matter for default be recalled to preserve the applicant's rights.
Parties & counsel
- applicant
Rajeev Bhatnagar
- respondent
The Respondent Bank
Coram
Pravas Kumar
Case details
As recorded by the court registry
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