Decided on April 21,2003



- (1.)K.S.Kumaran, 1. Bank of Rajasthan (hereinafter referred to as 'respondent-Bank') filed O.A. 453/99 before the Debts Recovery Tribunal-II, Delhi (hereinafter referred to as 'the DRT) for the recovery of Rs. 6,87,61,264/- with interest and costs against (1) M/s. Ganpati Commerce Ltd. (2nd respondent herein) (2) O.P. Aggarwal (appellant herein), and (3) M/s. Ganpati Exports Ltd. (3rd respondent herein). The learned Presiding Officer of the DRT, accordingly, passed an ex parte final order dated 22.1.2001 in O.A. 453/19, O.A. 452/99 and 454/99.
(2.)The appellant/defendant filed an application under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act')on 16.10.2001 for setting aside the above said ex parte final order, urging among other grounds, that he was never served nor had any knowledge of the proceedings, that he came to know about the issuance of Recovery Certificate on 17.9.2001, and that, after inspecting the records, he filed this application. He has also averred that the respondent-Bank, without making due efforts for the service of summons, obtained the order for substituted service by misrepresentation. But, the learned Presiding Officer of the DRT dismissed the said application by his order dated 17.10.2001 observing that since the defendants could not be served with the show cause notice in the O.A. in the ordinary course, they had to be served by publication, that publication is valid service in law, that despite service, none of the defendants had appeared, and, therefore, were rightly proceeded ex parte. He found that there was no ground for setting aside the ex parte final order.
Appellant has, therefore, approached this Tribunal with this appeal. The respondent-Bank has filed a suitable reply.

(3.)I have heard the learned Counsel for both the sides, and perused the records of the appeal, and also the records of the DRT.

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