M.KATJU, J. - (1.) This writ petition has been filed for a mandamus directing the respondents not to proceed with the Debt Recovery Case No. 105 of 2003 (State Bank of India v. M/s. Krishna Rice Mills) in pursuance to the ex parte judgment dated 4-6-2003.
(2.) It appears that respondent State Bank of India filed an original application before the Debt Recovery Tribunal for recovery of Rs. 33,64,370.98 along with 17.85% interest against the petitioner. In that case an ex parte judgment dated 4-6-2003 was passed by the Presiding Officer, Debt Recovery Tribunal, Allahabad decreeing the claim of the State Bank of India vide Annexure-1 to the petition. Aggrieved the petitioner filed a Restoration Application under Section 22(1 )(g) of the Recovery of Debts Due to Banks and Financial Institutions Act before the Debt Recovery Tribunal and the same is pending for disposal. True copy of the application is Annexure-2 to the petition.
(3.) It is alleged that a recovery certificate has been issued against the petitioner in pursuance of the ex parte judgment of the tribunal, and a prayer has been made that the same should be stayed till the disposal of the Restoration Application.;