IN TFM DEBTS RECOVERY TRIBTINAL LUCKNOW
Present: A. H. Khan, Presiding Officer
Dated of order 15.12.2021
In
M.A. No. 47 of 2021
Sl. No. 85
Present:-
Ld. Counsel for the applicant Mr. Hashmat Nabi
Ld. Counsel for the SBI present
Remaining respondents None
Counsel for the applicant bank stated that bank had filed O.A. for
recovery of Rs. 20,32,02,36,724.00 against the defendants before this
Tribunal. The counsel for the applicant bank requested his local counsel to
appear and filed substitution application on 22.9.2021 which was filed and
next date was fixed on 5.10.2021. On that date the counsel for the bank was
busy before the Hon'ble DRAT Delhi and Hon'ble NCLT therefore he could
not appeared and the O.A. was dismissed for non-prosecution. Immediately on
coming to know of the dismissal order the applicant bank had filed this recall
application on 21 .10.2020.
Heard the counsel for the applicant bank and State Bank of India.
Considering the facts mentioned in the application and no objection submitted
by the counsel appeared today. The present recall application has been filed
within the limitation period and huge public money is involved in the matter,
therefore, I feel it fair and judicious to recall the order of dismissal dt.
5.10.2021 subject to cost of Rs. 11,000/- to be deposited with the Lucknow
DRT Bar Association (LDBA).
On deposit of cost, the case will be restored to its original number and
stafus.
With the above observation, the misc. application is disposed of. '/
,/ -n'Let the file be consigned to record. ,/ 7
@.b( Khan)
Presiding Officer