Hon’ble Dilip Gupta, J.—This petition seeks the quashing of the order dated 8th May, 2012 passed by the Debts Recovery Appellate Tribunal, Allahabad (hereinafter referred to as the ‘Appellate Tribunal’) by which the appeal filed by the respondent-Bank of India against the order dated 22nd September, 2005 passed by the Debts Recovery Tribunal, Jabalpur (hereinafter referred to as the ‘Tribunal’) has been allowed and the order passed by the Tribunal has been set aside with a direction to the Tribunal to decide the dispute on merits.

2. The respondent Bank of India had filed Original Application No. 165 of 2002 under Section 19 of the Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 (hereinafter referred to as the ‘Act’) for recovery of Rs. 1,05,57,987.31 with interest from petitioner-defendant No. 4-M/s. Trademan International Pvt. Ltd., Indore. No relief was claimed from defendant Nos. 1, 2 and 3 of the Original Application and they have been impleaded as respondent Nos. 3, 4 and 5 in this petition. The Original Application was dismissed by the Tribunal for the reason that the Bank had omitted to claim this relief in Suit No. 802 of 2002 which the Bank