KRISHAN KUMAR SONI Vs. BANK OF RAJASTHAN LTD
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) THIS appeal is directed against the Order dated 11.8.2003 permilting the respondent Bank to' exhibit certain documents. The learned Counsel for the appellants points out that the learned Presiding Officer of the DRT did not permit the appellants to file any document by way of evidence by his Order dated 9.5.2003, whereas the respondent Bank has now been permitted to exhibit documents. He also contends that even the original documents were not brought into evidence, though they were produced and taken away. He contends that the originals should have been placed on record by way of evidence.
(2.) The appellants cannot object to the reception of the documents by way of evidence on the ground that the appellants' application for reception of documents by way of evidence was dismissed by the learned Presiding Officer of the DRT. If the interest of justice required, then the evidence should be allowed to be placed on record, and there can be nothing wrong in permitting the documents to be placed on record. But, at the same time, the appellants can take objection to the exhibiting of copies of the documents without exhibiting the original documents. Subject to the right of the appellants to take such objection, as also other objections, which are open to them under law, this appeal has to be disposed of.
If any document by way of evidence is taken or record on the side of the respondent Bank, it will be open to the appellants also to make an appropriate application for reception of evidence on the side of the appellants in accordance with law. If and when such application is made by the appellants, the same shall be considered and decided by the DRT in accordance with law.
(3.) SUBJECT to these observations, this appeal is disposed of accordingly.;
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