SKIPPER BEVERAGES PVT LTD Vs. STATE BANK OF INDIA
LAWS(DR)-2003-7-2
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on July 01,2003

Appellant
VERSUS
Respondents

JUDGEMENT

K.S.Kumaran, - (1.)RESPONDENT-State Bank of India (hereinafter referred to as the respondent-Bank) filed Suit No. 2248/93 before the Hon'ble High Court of Delhi against the four appellants (defendants 1 to 4) herein as also against Mrs. Rupam (as 5th defendant) for the recovery of Rs. 1,19,90,393.25 with interest and costs. Defendants 1 to 4 had also filed their written statement before the High Court. On 23.8.95, the Suit was ordered to be transferred to the Debts Recovery Tribunal in view of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'). The parties were directed to appear before the Tribunal on 20.10.95. On 20.10.95, the matter was taken on file by the Debts Recovery Tribunal-III, Delhi (hereinafter referred to as 'the DRT'), as O.A. 1070/95 and default notice was ordered to be issued to the Counsel for the defendants by Registered Post and ordinary process for 5.1.1996. On 5.1.1996 also, fresh default notice was ordered to be issued for 13, 2,96 since the acknowledgement for service had not been received. On 13.2.1996 also, fresh default notice was ordered to be issued for 22.3.96 as the notice had not been served. Similar order was passed on 22.3.1996 also with a direction to list the case on 5.7.1996. On 5.7.1996, the defendants were ordered to be served by substituted service, and the matter was ordered to be listed on 11.9.1996. On 11.9.1996, the citation regarding publication was produced, and on 1.10.1996, the defendants in the O.A. were set ex parte. Ultimately, on 4.3.1997, the learned Presiding Officer of the DRT passed the ex parte final order for Rs. 1,19,90,393.25 with interest and costs.
(2.)The appellants filed an application for setting aside the ex parte final order which was dismissed by the learned Presiding Officer of the DRT by order dated 11.11.1998 observing that there was no sufficient cause to set aside the ex parte final order.
Aggrieved by the same, appellants filed Civil Writ Petition 1519/99 before the Hon'ble High Court of Delhi, but the said civil writ petition was disposed of by the Hon'ble High Court by order dated 20.9.2000 with a direction to the appellants to approach this Tribunal observing that an application for condonation of delay may be filed, and expressing the view that this Tribunal will take into consideration the fact that the Civil Writ Petition was pending before the High Court, while deciding the said application.

(3.)THE appellants filed the appeal on 19.12.2001 along with this application for condonation of delay in filing the appeal. THE respondent has filed a suitable reply opposing this application.


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