Shubhro Kamal Mukherjee, J. - (1.) This is an application under Article 227 of the Constitution of India against an order dated March 22, 2000 passed by the learned Presiding Officer, Debts Recovery Tribunal, Calcutta in M.A. No. 17 of 1997. The Bank instituted Title Suit No. 110 of 1986 in the court of the learned Assistant District Judge, First Court at Alipore for realisation of money advanced against mortgage and hypothecation. By judgement and decree dated September 13, 1990 the learned Assistant District Judge decreed the suit ex parte with cost in preliminary form against the defendants. The petitioners on or about March 26, 1991 filed an application under Order 9, Rule 13 read with Sec. 151 of the Code of Civil Procedure for restoration of the suit after setting aside the ex parte decree dated September 13, 1990. It was contended in the said application that the suit was decreed in preliminary form ex parte due to no fault of the defendants.
(2.) The said proceeding was registered as Misc. Case No. 12 of 1.991 in the court of the learned Assistant District Judge, First Court at Alipore. In view of coming into operation of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 the original suit and the said proceeding for restoration have been transferred to the Debts Recovery Tribunal, Calcutta and has since been re -numbered as T.A. No. 208 of 1994 and M.A. No. 17 of 1997 respectively.
(3.) On February 20, 1997 the Tribunal dismissed M.A. No. 12 of 1997 MA No. 12 of 1991 for default and, also, disposed of the main proceeding being T.A. No. 208 of 1994 which was pending for final decree by holding that the bank was entitled to realise the amount in terms of the preliminary decree. On March 17, 1997 petitioners filed an application for recalling of the said order dated February 20, 1997 and for restoration of the M.A. No. 12 of 1991. The said proceeding was registered as M.A. No. 17 of 1997 before the said Tribunal. On March 26, 1997 the records were put up before the learned Presiding Officer on the prayer of the petitioners and the petitioners moved an application for an interim order for keeping the preparation of the certificate in abeyance till the disposal of the M.A. No. 17 of 1997. By order No. 15 dated March 26, 1997 the learned Presiding Officer, inter alia, deferred the issuance of the certificate till April 10, 1997 and directed that the prayers of the petitioners will be considered if the petitioners deposit a sum equivalent to 5% of the claim of the bank within 15 days from the date of the order. An application under Article 227 of the Constitution of India was moved before this court being Civil Order No. 1908 of 1997 by the petitioners and Bhaskar Bhattacharya, J., by order dated February 9, 1999 discussed the said application, but the time to deposit the amount fixed by the Tribunal was extended till February 28, 1999.;