KAPIL KATHPALIA Vs. INDUSTRIAL FINANCE CORPORATION OF INDIA
LAWS(DR)-2004-6-3
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on June 22,2004

Appellant
VERSUS
Respondents

JUDGEMENT

K.S. Kumaran, (J.) Chairperson - (1.) THIS is an appeal against the impugned order dated 21.8.2002 passed by the learned Presiding Officer of the Debts Recovery Tribunal-1, Delhi (hereinafter referred to as 'the DRT') dismissing the application filed by the appellant, who is the 4th defendant in O. A. 233/98 (hereinafter referred to as the Appellant-defendant'), for permission to cross-examine the witnesses whose affidavits have been filed by way of evidence by the respondent-IFCI (hereinafter referred to as 'the respondent').
(2.) The learned Presiding Officer of the DRT observed that the affidavits were filed in September, 2001, but, this application was filed at a belated stage, when the matter had been listed for final arguments on 22.8.2002. He also observed that the plea that blank documents were signed, does not raise any triable issue, and that the other plea that the claim of the respondent is barred by limitation has also to be judged from the documents. He further observed that the question whether the appellant-defendant had signed the documents as a witness or as a guarantor or as an employee has also to be found out from the perusal of the documents, for which no cross-examination was necessary. Therefore, he dismissed the application. Aggrieved, the appellant-defendant has preferred this appeal. The respondent has filed a suitable reply opposing this appeal.
(3.) I have heard the Counsels for both the sides, and perused the records.;


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