Decided on March 11,2003



K.S. Kumaran, J. (Chairman) - (1.)THE appellants are defendants 3 and 4 in O.A. 1053/95 before the Debts Recovery Tribunal-I, Delhi (hereinafter referred to as 'the DRT') filed by the 1st respondent-Indian Overseas Bank (hereinafter referred to as 'the respondent-Bank') against the appellants and others for the recovery. By order dated 14.5.2002, the learned Presiding Officer of the DRT rejected the request of the appellants to direct the respondent-Bank to furnish them the copies of the documents produced by the respondent-Bank. However, on the request for permitting the inspection of these documents, the learned Presiding Officer directed that the appellants may apply before the Registry for the said purpose. THE appellants/defendants filed an application for review of this order, and that was also dismissed by the learned Presiding Officer of the DRT by his order dated 9.8.2002. Aggrieved, the appellants have approached this Tribunal with this appeal for setting aside the above said orders and for direction to the respondent-Bank to supply copies of all the documents, to allow them to inspect the original documents, and to move an appropriate application for amendment of written statement. Suitable reply has been filed by the 1st respondent opposing the appeal.
(2.)I have heard the Counsels for both the sides, and perused the records.
The appellants had moved a miscellaneous application before the DRT to direct the respondent-Bank to discover all the documents relevant to the present controversy, to give inspection of the same, and to produce them before the Tribunal. The said application was allowed by the learned Presiding Officer of the DRT by his order dated 18.12.97. When the order was pronounced, the appellants/defendants sought the leave of the Court to make amendment to the written statement after inspecting the documents. The learned Presiding Officer gave liberty to the appellants to move an appropriate application for the same, stating that it will be decided after hearing both the parties.

(3.)THE respondent Bank filed an affidavit dated 10.2.1998 making discovery of the documents relied upon by them. Paragraph 2 gave a list of documents.

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