LAWS(MEGH)-2023-3-5

MANIK DHAR Vs. INDIAN OVERSEAS BANK

Decided On March 10, 2023
Manik Dhar Appellant
V/S
INDIAN OVERSEAS BANK Respondents

JUDGEMENT

(1.) This is a Review Application seeking review of judgment and order dtd. 28/7/2022, passed by this Court in CRP No. 14 of 2016, dismissing the same on the ground of availability of alternate relief.

(2.) The only ground for review is the error that has crept in while passing the order dtd. 28/7/2022, more particularly at Para " 15 thereof, wherein instead of "Recovery Officer" the word "Tribunal" has been used, which has changed the complexion of the order in question, inasmuch as, there is a difference between a Recovery Officer, and a Presiding Officer of the Tribunal, as spelt out in the defining sec. of the Recovery of Debts and Bankruptcy Act, 1993.

(3.) This Court has perused the same and notes that, this error is apparent on the face of the record itself. Accordingly, the prayer for review of that part of the judgment and order dtd. 28/7/2022, wherein the word "Tribunal" has been used instead of "Recovery Officer" is allowed. Consequently, at Para " 15 of the judgment is recalled and the same shall now read as follows: