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TMI Blog2024 (6) TMI 580X X X X Extracts X X X X X X X X Extracts X X X X ..... dered per incuriam. What is quite glaring is that the Tribunal has not bothered to list which are those matters prior to IndusInd Bank Ltd., where a contrary view has been taken and which are those matters which have not been considered in the IndusInd Bank Ltd. It is nothing but a bald observation made without details. Apart from mere assertion, there is no mention in the impugned order of any decision of the Appellate Tribunal, which has taken a contrary view. The impugned order passed by the Tribunal on 5th December 2019 has to be quashed and set aside. The matter is remanded to the Tribunal for denovo consideration - application disposed off. - K. R. SHRIRAM JITENDRA JAIN, JJ. For the Petitioner / Appellant Mr V Sridharan, Senior Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the bank and vehicle dealer and therefore, the bank cannot be said to have provided any service to the vehicle dealer. According to petitioner, though this decision of the Chennai Tribunal was brought to the notice of the Hon ble Tribunal during the course of personal hearing as well as by way of additional written submissions, there is only reference in the appeal order wherein merely arguments put forth by counsel have been briefly reproduced and the Tribunal has not provided any observation, findings or comments on the aforesaid decision. According to petitioner, this constitutes a mistake apparent from record. 4. While rejecting the application, the Tribunal not only has gone into the merits of the case but the stand of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The order howsoever brief should indicate an application of mind, all the more when the same could be further challenged. 6. In the circumstances, in our view, the impugned order passed by the Tribunal on 5th December 2019 has to be quashed and set aside. The matter is remanded to the Tribunal for denovo consideration of MA No.ST/ROM/86163/2019. Therefore, Rule made absolute in terms of prayer clause (a) which reads as under: (a) that this Hon'ble Court be pleased to issue a Writ of mandamus / Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the petitioners case and after going into the validity and legality thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X
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