CHANDAN PRABHAKAR GADGIL Vs. ALLAHABAD BANK
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) RESPONDENT-Allahabad Bank (hereinafter referred to as 'the respondent-Bank) filed O.A. 7/98 against Western India Industries Ltd. (1st defendant), Mr. Chander Prabhakar Gadgil (being 3rd defendant and the appellant herein; hereinafter referred to as 'the appellant-defendant') and others before the Debts Recovery Tribunal-II, Delhi (hereinafter referred to as 'the DRT'). The DRT passed the final order dated 6.3.2002. The appellant-defendant filed an application before the DRT to set aside the order setting him ex parte (date 23.8.2001) and the final order dated 6.3.2002. The learned Presiding Officer of the DRT dismissed the said application by order dated 30.4.2002.
(2.) Aggrieved, the appellant-defendant has preferred this appeal. The respondent-Bank has filed a suitable reply opposing the same.
I have heard the Counsel for both the sides, and perused the records.
(3.) THE learned Counsel for the appellant-defendant contends that the appellant-3rd. defendant was formerly a director of the company, that under the family arrangement dated 30.8.91 the defendants 4, 5, 7 and 8 have released the appellant-defendant from all liability, and, therefore, the appellant is not liable to answer any claim against Western India Industries Ltd. THE learned Counsel for the appellant-defendant also contends that the notice in the O.A. was issued for 5.3.98, that the appellant-defendant had put in appearance on that date itself, and that he had been appearing before the DRT on all the dates of hearing from 5.5.98 to 18.10.2000.;
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