Bombay High Court Sets Aside Ex-Parte Order of Debts Recovery Tribunal in Cooperative Bank Case. The Court held that an ex-parte order passed without hearing the petitioner is liable to be set aside in the interest of justice.

High Court: Bombay High Court Bench: BOMBAY
  • 5
Judgement Image
Font size:
Print

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)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the ex-parte order dated 26.08.2009 passed by the Debts Recovery Tribunal should be set aside.

Subscribe to unlock Issue of Consideration Subscribe Now

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
Subscribe to unlock Law Points Subscribe Now

Case Details

2010 LawText (BOM) (01) 384

Writ Petition No. 4322/2009

2010-01-13

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

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

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.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Sets Aside Ex-Parte Order of Debts Recovery Tribunal in Cooperative Bank Case. The Court held that an ex-parte order passed without hearing the petitioner is liable to be set aside in the interest of justice.
Related Judgement
Supreme Court Supreme Court Acquits Accused in Attempt to Murder and Arms Act Case Due to Insufficient Evidence and FSL Report Discrepancies. Conviction under Section 307/34 IPC and Section 27 Arms Act Set Aside as Prosecution Failed to Prove Intention and Weapon ...