Vijaya Bank V/S Mr.M.Nagaraj

R.A(S.A):122/2010

Record of proceedings on 7.11.2012 in IA No.1143/2011 (set aside petition);  Norepresentation for the petitioner.  Petitioner is called absent.

Ld. Counsel Shri Om Prakash appearing on behalf of the respondent bank drew the attention of this tribunal to the fact that orders have already been passed in this matter and stated that the question of setting aside of  the order of this tribunal by this very same tribunal does not arise at all more particularly when the petitioner has chosen not to be present and pursue his case.  

Ld. Counsel further stated that the appeal was allowed on 15.9.2011 and that this tribunal should not keep this IA pending and should dismiss the same as the petitioner has chosen not to be present and urge his case for setting aside the order passed by this tribunal more particularly when the petition has been adjourned on 9.8.2012 to today at the behest of the petitioner.  

 Ld. Counsel emphasized the fact that this tribunal cannot set aside the final order and that it is for the petitioner to work out his remedy before a higher forum and submitted that the petition itself is not maintainable and that the same may be dismissed as not maintainable.

Heard the Ld. Counsel for the respondent bank.

This petition is dismissed as the same is not maintainable.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on7th Nov 2012