1. The instant review application has been filed against the judgment/ order passed by this Court on 21.12.2022 in Writ C No.9141 of 2022; Smt. Vijay Kumari vs. Punjab National Bank and Others. The review petitioner was impleaded as respondent no.4 in the writ petition.

2. Learned counsel for the review petitioner has argued that the order impugned herein in this review application was passed without issuance of any notice to him or without dispensing the issuance of notice to him which he was entitled to. It is further argued that the review petitioner, as a result of passing of the order dated 21.12.2022, is certainly aggrieved and the order passed by the Court goes to adversely affect his interest in the pending proceedings under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is also pointed out that the petitioner in the writ petition has though pointed out the proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the Bank remained unsuccessful, but note thereof has not been taken in the order impugned.

3. Vide our order passed on 07.02.2023 in the present review application we had called for the original record of the writ petition and the same is before us today.

4. On a perusal of the relief prayed in the writ petition, we also gather that the petitioner has inter alia prayed for payment of compensation.

5. It emerges from what has been recorded above that the writ petition was disposed of without affording any opportunity to the review petitioner/ respondent no.4.

6. The matter requires consideration for the entire relief prayed for in the writ petition and we reserve all the objection available to the respondents including maintainability of the case while pendency of proceedings before the Debt Recovery Tribunal.

7. We are satisfied that the order passed by this Court for want of an opportunity being granted to the affected parties, i.e. respondent no.4, deserves to be recalled.

8. We hereby recall the order impugned dated 21.12.2022 in the interest of justice.

9. Notice to opposite parties in the writ petition is sufficient.

10. List this case before the appropriate Bench.

11. In the meanwhile, parties shall exchange affidavits.

12. The instant review application is, accordingly, disposed of.

13. It is made clear that we have not placed any embargo on the pending proceedings before the Debts Recovery Tribunal.