RAJESHWAR PRASAD PAINULY Vs. STATE BANK OF INDORE
LAWS(DR)-2004-8-2
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on August 11,2004

Appellant
VERSUS
Respondents

JUDGEMENT

K.S. Kumaran, Chairperson - (1.) FIRST respondent-State Bank of Indore (hereinafer 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-Rajeshwar Prasad Painuly (4th 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 him. The said application was dismissed by the learned Presiding Officer of the DRT by his order dated 18.7.2002 observing that the show- cause notice in the O.A. was sent to the appellant-defendant to his last known address available with the respondent-Bank, that it is not stated that the appellant-defendant, after changing his address, had intimated about the same to the respondent-Bank, and that the records of the O.A. show that the appellant 4th defendant was duly served with the show- cause notice in the O.A. 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 Counsels for both the sides, and perused the records.;


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