Case Note & Summary
The petitioner, The Khamgaon Urban Cooperative Bank Ltd, challenged an ex-parte order dated 26.08.2009 passed by the Debts Recovery Tribunal, Nagpur. The High Court, upon hearing counsel for both sides, noted that the impugned order was admittedly passed ex-parte. In the interest of justice, the Court set aside the ex-parte order. The petitioner's counsel stated that the petition had become infructuous regarding prayer clauses (a) and (b). Consequently, the Court disposed of the rule with no order as to costs.
Headnote
A) Civil Procedure - Ex-parte Order - Setting Aside - The High Court set aside an ex-parte order passed by the Debts Recovery Tribunal in the interest of justice, as the order was passed without hearing the petitioner. (Paras 2-4)
Issue of Consideration
Whether the ex-parte order dated 26.08.2009 passed by the Debts Recovery Tribunal should be set aside.
Final Decision
The impugned ex-parte order dated 26.08.2009 is set aside. The petition is disposed of as infructuous regarding prayer clauses (a) and (b). No order as to costs.
Law Points
- Ex-parte order set aside in interest of justice
- Petition partly infructuous
Case Details
2010 LawText (BOM) (01) 384
Writ Petition No. 4322/2009
S.A. Bobde, Smt. Vasanti A. Naik
Mr. A.H. Lohiya, Mr. S.K. Mishra, Mr. S.N. Kumar
The Khamgaon Urban Cooperative Bank Ltd
Union of India, Presiding Officer Debts Recovery Tribunal, Registrar Debts Recovery Tribunal, Canara Bank
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Nature of Litigation
Writ petition challenging an ex-parte order of the Debts Recovery Tribunal.
Remedy Sought
Setting aside of the ex-parte order dated 26.08.2009.
Filing Reason
The impugned order was passed ex-parte without hearing the petitioner.
Previous Decisions
The Debts Recovery Tribunal passed an ex-parte order on 26.08.2009.
Issues
Whether the ex-parte order dated 26.08.2009 should be set aside.
Submissions/Arguments
The petitioner's counsel argued that the order was passed ex-parte and should be set aside. The respondents did not oppose the setting aside.
Ratio Decidendi
An ex-parte order passed without hearing the affected party is liable to be set aside in the interest of justice.
Judgment Excerpts
The impugned order dated 26.08.2009, which is admittedly passed exparte, is hereby set aside in the interest of justice.
The learned counsel for the petitioner states that the petition has become infructuous as regards prayer clauses (a) and (b).
Procedural History
The petitioner filed a writ petition challenging an ex-parte order dated 26.08.2009 passed by the Debts Recovery Tribunal. The High Court heard the matter and set aside the ex-parte order, disposing of the petition.
