Farah Deeba Haque v. Indian Overseas Bank
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8474 of 2012 =========================================================== Farah Deeba Haque, Widow of Late Md. Reyazul Haque Resident of 104/2, Haroon Nagar Colony, Police Station Phulwarisharif, Town And District Patna .... .... Petitioner
Versus
Indian Overseas Bank, Maurya Hotel Complex Premises, Fraser Road, Police Station Gandhi Maidan, Town and District Patna .... .... Respondent =========================================================== Appearance :
For the Petitioner/s : Mr. ANIL KUMAR SINHA For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-07-2016 Heard learned counsel for the petitioner and learned counsel for the respondent bank.
2. The present writ petition has been filed for quashing the order of dismissal dated 09.02.2012 passed by the Presiding Officer, Debt Recovery Tribunal, Patna in M.A. No. 166 of 2011 whereby the learned Tribunal has refused to recall the order dated 13.03.2007 dismissing the review application bearing M.A. No. 81 of 2006 for default; and for connected reliefs.
3. Learned counsel for the petitioner submits that through sheer inadvertence, a copy of the judgment could not be filed along with the M.A. No. 166 of 2011, resulting in its dismissal by the impugned order dated 09.02.2012. It is further submitted that the defect in question escaped notice also having not been pointed out by
Patna High Court CWJC No.8474 of 2012 dt.04-07-2016 the office of the Debts Recovery Tribunal, Patna at the time of scrutiny after its filing.
4. Learned counsel for the respondents submits that a copy of the judgment was required to be annexed with the M.A. which was not done and as such the impugned order does not suffer from any infirmity.
5. Having heard the parties, this Court is of the view that the ends of justice will be met if the petitioner is permitted to file a certified copy of the order dated 13.03.2007 passed in M.A. No. 81 of 2006 before the Debts Recovery Tribunal, Patna within a period of four weeks from today. In that event, the impugned order dated 09.02.2012 passed in M.A. No. 166 of 2011 shall stand set aside and the Debts Recovery Tribunal, Patna shall proceed to dispose of M.A. No. 166 of 2011 afresh in accordance with law.
6. The writ petition stands disposed of.
(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE - Uploading Date 11.07.2016 Transmission Date -