S SARASWATHI Vs. STATE BANK OF BIKANER AND JAIPUR
LAWS(DR)-2003-9-6
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on September 16,2003

Appellant
VERSUS
Respondents

JUDGEMENT

Ashok C.Parkash, - (1.)BY I.A. No. 3623/2000 (filed on 21.11.2000) the petitioner has prayed for condonation of delay of 15 days in filing the Petition in OA No. 1317/99 for setting aside ex parte Order dated 28.9.2000. The Affiant has solemnly affirmed in the Affidavit filed in support of the application that the respondent Bank-M/s. State Bank of Bikaner and Jaipur, Tirupur Branch had filed the O.A. No. 1317/99 against her and her company M/s. Guru Knitwear, in which she is the sole proprietrix, for recovery of money to the tune of Rs. 13,40,500/- and the same is pending before this Hon'ble Tribunal.
(2.)She submits that, after her Advocate Mr. P. Ravi Kumar has filed the Vakalat on her behalf, the copies of the O.A. filed by the respondent Bank was served on her only on 29.6.2000 and then the matter was posted to 14.8.2000 for filing of reply statement. She submits that, the matter was again posted to 28.9.2000 for reply statement since the reply statement was not filed on 14.8.2000.
She submits that, during that time, she received a communication from the respondent Bank on 5.9.2000, that she can go for one time settlement to the respondent Bank, under the Reserve Bank of India guidelines and that, the Bank has evolved a simplified scheme for one time settlement extending substantial relief by way of interest remission in all borrowal accounts, vide the applicant Bank's letter dated 2.9.2000, the copy of which is enclosed herewith.

(3.)SHE submits that, since the O.A. was posted on 28.9.2000, she came down to Madras on the same day itself, to have a discussion with her Advocate, to seek his advice for going to one time settlement as per the Bank's letter dated 2.9.2000. After having the discussion in the Advocate's office at Kilpauk, since her advocate has got another case in the Saidapet XI M.M. Court for arguments in C.C. No. 7048/98, her advocate has left for Saidapet Court after instructing her to get a pass over in this OA before this Hon'ble Tribunal, that her advocate would be present before the Hon'ble Tribunal, within a short time, she got in an auto from Kilpauk, where her advocate's office is situated and was proceeding to the Hon'ble Tribunal.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.