R P GOYAL AND CO Vs. STATE BANK OF BIKANER AND JAIPUR
LAWS(DR)-2003-10-2
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on October 28,2003

Appellant
VERSUS
Respondents

JUDGEMENT

K.S.Kumaran, - (1.)RESPONDENT-State Bank of Bikaner and Jaipur (hereinafter referred to as 'the RESPONDENT-Bank') filed O.A. 195/2000 before the Debts Recovery Tribunal, Jaipur (hereinafter referred to as 'the DRT') for the recovery of money allegedly due to it from the appellants. The 1st appellant is the proprietary concern of the 2nd appellant (hereinafter referred to as 'the appellants/defendants'). The appellants/ defendants filed their written statement to the O.A. denying the execution of certain documents relied upon by the respondent-Bank. By way of evidence the respondent-Bank has field three affidavits, namely, those of (1) Haninder Singh Kalra dated 14.3.2000, (2) Bhagwan Das Mal dated 11.3.2000, and (3) Dwarka Prasad Gupta dated 11.3.2000. On behalf of the appellants, the 2nd appellant Rajendra Prasad Goyal has filed his affidavit by way of evidence.
(2.)The appellants/defendants filed an application dated 20.6.2001 seeking permission of the DRT to cross-examine Bhagwan Das Mal and Dwarka Prasad Gupta. To this application, the respondent-Bank did not file any reply, but the Counsel for the respondent-Bank advanced arguments opposing the said application. The learned Presiding Officer of the DRT dismissed the said application observing that the cross-examination cannot be allowed where affidavit was filed without the order of the Court, that no oral evidence can be allowed to explain the contents of a document, and that cross-examination entails explanation of documents from the defendant's point of view. He also observed that cross-examination cannot be allowed on the matter of a particular date or as to whether the defendant signed or not.
Aggrieved by the same, the appellants/defendants have approached this Tribunal with this appeal, to which the respondent-Bank has filed a suitable reply opposing the appeal.

(3.)I have heard the Counsels for both the sides, and perused the records.


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