Bank of India v. Mr Aninda
Case brief
What is this about?
An applicant filed a miscellaneous application seeking recall of an ex-parte judgment due to lack of proper notice. The Tribunal dismissed the application as the delay in filing was unexplained and devoid of merit.
What the court decided
1
M.A. No.42 of 2022
IN THE DEBTS RECOVERY TRIBUNAL, AT LUCKNOW
Present: Pravas Kumar Singh, Presiding Officer Miscellaneous Application No.42 of 2022
Dated 13.11.2025.
M/s Supertech Ltd. Through its Directors.
--–– Applicant
versus
Bank of India
–-–-- Respondent
Ld. Counsel for the applicant: Mr. Suneet K. Sharma, Advocate Ld. Counsel for the respondent: Mr. Ajesh Anand, Advocate
JUDGMENT
- This Miscellaneous Application has been filed by the applicant for recalling / review ex-parte judgment dated 20.01.2022. It is submitted that ex-parte judgment was passed without giving proper opportunity to be defendants; hence the judgment dated 20.01.2022 be recalled and the applicant be given an opportunity for filing WS and to contest the case.
Issues for consideration
2 issues framed by the court
Whether a miscellaneous application for recall of an ex-parte judgment filed after delay without cogent reasons merits allowance.
Whether the applicant is entitled to an opportunity to contest the case after the judgment on merits has been passed.
Parties & counsel
- applicant
M/s Supertech Ltd. Through its Directors
- respondent
Bank of India
Coram
Pravas Kumar Singh
Case details
As recorded by the court registry
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