- (1.) This Revisional application has been filed against the judgement and order passed by the Chairman, Debts Recovery Appellate Tribunal, in Appeal no. 16 of 2007 arising out of the judgment and order passed by the Debts Recovery Tribunal-2 in Misc. Application no. 16 of 2001 of that Tribunal.
(2.) The background of the matter is that an ex parte judgement was passed against the Petitioners as well as the opposing respondent no. 3 in the Transferred application no. 251 of 1996, which had been originally filed by the Bank /Respondent no. 1 as Title Suit 85 of 1989 of the Court of the Ld. Asst. District Judge at Asansol, District Burdwan, and was subsequently transferred to the DRT.
(3.) The petitioners thereafter filed the aforesaid Misc. application in the DRT on the 13th of July 2000. They had sought to explain the delay in filing the application by contending that after the Ex parte judgment was passed on 13th March 2000, they came to know about the same only on 31st March and applied for Certified copy of the same. In the meantime the Respondent/Bank had filed an application for modification of the judgment without serving any notice of the same. Such application was allowed and the Certificate originally prepared in pursuance of the judgment on 12th April was modified on 16th May 2000. After learning about the modification for on 19th May, the petitioners applied for a certified copy of the same. The copies of the amended judgment and certificate were ultimately ready on 13th June and were thereafter delivered to the petitioners. They accordingly filed the miscellaneous application in the Tribunal on 13th July 2000.;