SOHAN SINGH HOTELS LTD Vs. PUNJAB NATIONAL BANK
LAWS(DR)-2003-9-18
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on September 04,2003

Appellant
VERSUS
Respondents

JUDGEMENT

Ashok C.Parkash, - (1.)THE petitioners have filed the application on 31.1.2003 under Section 22(2)(g) of the Recovery of Dues to the Banks and Financial Institutions Act, 1993, praying therein for setting aside ex pane Order dated 24.12.2002.
(2.)The petitioners submit that, Shri Ranjit Singh is the 2nd petitioner herein and the 2nd defendant in the above suit. He is also the Managing Director of the 1st defendant. The petitioner Nos. 3 to 5 are the other directors of the 1st petitioner company. As Managing Director, and as authorised by other directors, he is exclusively representing all the petitioners/defendants in this proceeding and alone has the personal knowledge and responsibility of the above case. As such subscribe his affidavit also on behalf of them. He submits that the O.A. was filed by the Bank for alleged recovery of Rs. 17,49,693/- which is seriously disputed and severely contested by them.
He has further submitted that, on various hearings of the above case, he entered appearance and duly represented the petitioners and the case was later posted on 18.11.2002 from 30.10.2002. In the third week of November, 2002, he was away on a business tour in North India and could not return to station as scheduled till the second week of January, 2003. Hence, seeking an adjournment of the above case slated for hearing on 18.11.2002, he caused a telegram to be sent to the Registrar.

(3.)HE submits that, on his return from North India business tour, he learnt that, on 18.11.2002, his telegram was not taken note of by the Registrar, and the matter was later posted before the Court of the Presiding Officer without any notice to us and that the presiding officer on 24.12.2002 set us ex pane for non-representation.


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