M.KATJU, J. - (1.) THIS writ petition has been filed for a writ of prohibition restraining respondent No. 1 from proceedings further with Recovery Case No. 354 of 2002, State Bank of India v. Madhuban Apparels Private Limited and others till his application for recall of the order dated 29 -11 -2002 is decided.
(2.) WE have heard learned counsel for the parties. It is stated in para 2 of the petition that in connection with their business the petitioners took financial assistance from the respondent No. 2, State Bank of India, to the tune of Rs. 14,20,000/ - on 14 -2 -1994. It is stated in para 3 that some disputes arose between the petitioners and the respondent No. 2 bank with regard to repayment and hence State Bank of India filed a suit before the Civil Judge (Senior Division), Allahabad for recovery against the petitioner. The petitioner filed written statement before the Civil Judge but thereafter the suit was transferred to the Debts Recovery Tribunal, Jabalpur and subsequently it was transferred to Debts Recovery Tribunal, Allahabad and registered as T.A. No. 354 of 2002. It is alleged in paras 8 to 10 of the writ petition that the petitioner had engaged one Shri J. Nagar as their counsel in this case but Sri Nagar on appointment as Administrator General of U.P. expressed his inability to conduct the case and returned the file to the petitioner No. 1 on 4 -11 -2002 by post. However it is alleged that the file did not receive the petitioner and hence on 12 -11 -2002 the case proceeded ex parte and was decided on 29 -11 -2002 against the petitioner vide Annexure 1.
(3.) A perusal of Annexure 1 shows that recovery of Rs. 18,40,450.77 has been decreed against the defendants with interest. The petitioners filed restoration application before the Tribunal vide Annexure 2. However despite pendency of that application the Recovery Officer proceeded with the recovery of the case and has fixed 8 -7 -2003 as the date of auction of the petitioners' property. The petitioners relied on the decision of this Court in M/s. Ratan Chand Deep Chand and others v. Debts Recovery Tribunal and others in W.P. No. 35757 of 2001, decided on 8 -11 -2001, which has been quoted in para 17 of the petition.;