UTTRANCHAL FINANCE LTD Vs. STATE BANK OF INDORE
LAWS(DR)-2004-8-5
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on August 11,2004

Appellant
VERSUS
Respondents

JUDGEMENT

K.S.Kumaran, - (1.) FIRST respondent-State Bank of Indore (hereinafter referred to as 'the respondent-Bank') filed O.A. 648/2000 before the Debts Recovery Tribunal, Delhi (hereinafter referred to as the 'DRT') against appellant-Uttranchal Finance Ltd. (3rd defendant in the O.A., and hereinafter referred to as 'the appellant-defendant') and three others for the recovery of Rs. 49,18,411.69 with interest and costs. The learned Presiding Officer of the DRT passed the ex parte final order dated 4.4.2002 against all the defendants, including the appellant-defendant, directing them to pay the said amount jointly and severally.
(2.) The appellant-defendant filed a Miscellaneous Application dated 20.5.2002 for setting aside the ex parte final order against it. The said application was dismissed by the learned Presiding Officer of the DRT by his order dated 18.7.2002 observing that the appellant-defendant has been served at its Corporate Office at East of Kailash, New Delhi, that the appellant-defendant has not placed any document/material to show even prima facie that the Corporate Office of the appellant-defendant ceased its operation some time towards the end of 1998, and that if the Corporate Office of the appellant-defendant could not have been served at the said address. The learned Presiding Officer also observed that the acknowledgement card for service on the appellant-defendant is also available on the record, and that it has not been stated that the address of the appellant-defendant given in the envelope was incorrect in any manner. Therefore, the learned Presiding Officer of the DRT dismissed the said application in limine. Aggrieved, the appellant-defendant has preferred this appeal and the respondent-Bank has filed a reply opposing the same.
(3.) I have heard the Counsel for both the sides, and perused the records.;


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