MAKEWELL POLYMERS P LTD Vs. BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) FIRST respondent - Bank of India (hereinafter referred to as 'the respondent-Bank') filed T.A. 137/2002 (initially O.A. 256/2001) against appellants (who are defendants 1 and 3 in the TA, and hereinafter referred to as 'the appellant-defendants') and Girdhari Lal Arora, the 2nd defendant in the T.A., for the recovery of Rs. 1,12,00,237.59 with interest and costs. On 1.10.2002 reply to the T.A. on behalf of the defendants was filed, but the learned Presiding Officer of the Debts Recovery Tribunal-III, Delhi (hereinafter referred to as 'the DRT') did not take the reply filed by the defendants on record, and directed the respondent Bank to file the affidavit (by way of evidence) in two weeks. The matter was ordered to be listed on 28.10.2002.
(2.) In the meanwhile, on 18.10.2002, an application (IA 176/2002) on behalf of the defendants was filed to condone the delay in filing the written statement, and to take the same on record. This application came up for hearing on 21.10.2002 before the DRT. The learned Presiding Officer of the DRT observed that the defendants who had been appearing since 5.3.2002, failed to file the reply despite many opportunities given, and that the right to file the written statement was closed in view of the orders dated 5.3.2002 and 15.4.2002. Therefore, the learned Presiding Officer of the DRT dismissed the said application holding that in view of the order passed on 1.10.2002 the said application is not maintainable.
Aggrieved by these two orders dated 1.10.2002 and 21.10.2002, the appellant-defendants have come forward with this appeal. The respondent - Bank has filed a suitable reply opposing the appeal.
(3.) I have heard the Counsel for the both the sides, and perused the records.;
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