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2025 DAILYLAW 35618 (RAJ)

UES BANK LIMITED v. RAM SINGH LADU SINGH S/O LADU SINGH

CMAP/4/2025 · 2025-02-21

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:8035] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 4/2025 In S.B. Arbitration Application No.53/2024 Yes Bank Limited, Having Its Branch Office Situated At Plot No. 307, Fourth Floor, Anand Bhawan, Sansar Chandra Road, Chokri Haveli, Jaipur-302001. Through Authorized Officer, Mukesh Kumar Yadav. ----Petitioner Versus 1. Ram Singh Ladu Singh S/o Ladu Singh, R/o Udayagad Kheda Dhantol, Ajmer, 305622 (Raj.). 2. Gumani C/o Ladu Singh, R/o Udayagad Kheda Dhantol, Ajmer, 305622.(Raj.). 3. Ratan Lal S/o Ladu Singh, R/o Udayagad Kheda Dhantol, Ajmer, 305622(Raj.). ----Respondents For Petitioner(s) : Mr. Peush Nag For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/02/2025 1. Instant Civil Misc. Application under Section 11 of the Arbitration and Conciliation Act, 1996 r/w Section 151 CPC has been filed by the petitioner, seeking correction/ modification in the final order dated 29.11.2024 whereby and whereunder S.B. Arbitration Application No.53/2024 was allowed to be withdrawn. 2. It has been submitted that respondents have not repaid the outstanding loan to the petitioner-Bank and in order to take appropriate proceedings against the respondents as available [2025:RJ-JP:8035] (2 of 2) [CMAP-4/2025] under law, arbitration application was prayed to be withdrawn but inadvertently, in the order dated 29.11.2024, while allowing withdrawal of the arbitration application, the facts have been narrated " that the dispute between both the parties have been amicably settled". Indeed such statement was never made by the petitioner and has erroneously been recorded, which has been prayed to be deleted and amended suitably. 3. The application is supported with an affidavit. 4. This Court finds that the error has occurred bona-fidely and inadvertently, which is permitted to be cured in the interest of justice. 5. For reasons mentioned in the application, the same is allowed. In the final order dated 29.11.2024, the sentence "that the dispute between both the parties has been amicably settled" be treated to be replaced with the line "that applicant wants to take appropriate action against the respondents as available under law". 6. This order be treated as part and parcel of the final order dated 29.11.2024. 7. Accordingly, the present misc. application stands disposed of. (SUDESH BANSAL),J TN/43