KAMAL KANWAR BAFNA Vs. R G TRADING CO

JUDGEMENT

(1.) THE two petitioners have joined together and filed the above revision petition invoking the jurisdiction of this Court under Art.227 of the Constitution of India against the order dated 18.9.2001 and the subsequent adjournments in M.P.No.519 of 2001 in R.C.A.No.566 of 2000 on the file of the 8th Small Causes Court, Chennai.

(2.) THIS Court admitted the revision and ordered notice on 19.11.2001. The contesting respondent entered appearance. The revision petition itself is taken up for hearing with the consent of counsel for either side.

(3.) MR.P.Kandavelu, learned counsel appearing for the petitioners contended that after passing of the earlier order, the Tribunal below has become functus officio and it cannot extend the time to deposit the amount already ordered to be deposited under Sec.11(4) before a particular date fixed by it. It is further contended by the learned counsel that before ever extending the time, the Court below should have ordered notice to the petitioners and heard them before passing orders of extension. As no notice has been served on the petitioners, they were not aware of the order nor they had an opportunity to state their objections to the application moved for extension of time.