MD Ayyub v. Union Bank of India
Case brief
What is this about?
The Debts Recovery Tribunal dismissed a Review Application (R.A. No. 03/2024) for failure to demonstrate an error apparent on the face of the record, holding it devoid of merit.
What the court decided
DEBTS RECOVERY TRIBUNAL LUCKNOW
| Date of order or lroceeding |
Order withsignatureofcourt | Officeaction taken withdate |
|---|---|---|
| R.A.No.03/2024 26.11.2025 Sl No.68 |
None appearedfortheapplicant. This Review Application has been brought for review of final order dated 27.8.2024 passed bythis Tribunal in SANo.895/2023, whereby thisTribunalhasdismissa,thheSAon merit Ifindthat this Tribunal haslimited jurisidiction in the matter ofreview withinthemeaningof Section 5Aof Debts Recovery TribunalProcedure Rules1993whichread as: “Any partyconsidering itself aggrieved by an order made by the Tribunalon account of some mistakeor error apparent on the face of the record desirestoobtaina review of the order made against him, may apply for a reviewof the ordertothe Tribunal which had madethe order.(2) Noapplicationfor reviewshall bemadeafterthe expiryof aperiodof sixtydays from the date of the orderand no suchapplicationshallbe entertained unlessit is accompanied by an affidavit verifying the application.. (3) Whereitappears tothe Tribunal that there is nosufficient groundfor areview,itshall reject the application 6[but where the Tribunal is of opinion that the application] forreview should begranted,shallgrant the same:PROVIDEDthatno such application shall be |
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granted without previous notice to the opposite party to enable him to appear and to be heard in support of the order, a review of which is applied for.] Continued . . ... I have anxiously considered that Page No.02 the review application is maintainable R.A.No.03/2024 26. 1 1.2025 within meaning of Section 5. I find that any such ground has not been taken by the applicant, accordingly, Review Application is dismissed being devoid of merit. Let the file be consigned to record room. Order be uploaded on the Tribunal’s website (Dictated) (Pravas Kuma,_, ._gh) Presiding Officer (Veeresh)
Issues for consideration
1 issue framed by the court
Whether the Review Application filed under Section 5A of the Procedure Rules was maintainable without alleging insufficient jurisdiction.
Parties & counsel
- applicant
APPLICANT
Coram
Pravas Kumar
Veeresh
Case details
As recorded by the court registry
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