- (1.) THIS mandamus-appeal is at the instance of the unsuccessful writ- petitioners and is directed against an order dated 28th August, 2009 passed by a learned single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellants.
(2.) THE grievance of the appellants in the writ-application was that although they were the defendants in a proceeding under Section 19 of the Recovery of debts Due to the Banks and Financial Institutions Act, 1993 (hereinafter referred to the Act), the summons sent to them did not accompany the copy of the application with annexure as provided in Rule 11 of the Debts Recovery tribunal (Procedure) Rules, 1993.
(3.) THE learned advocate appearing on behalf of the Bank appeared before the Writ-Court and submitted that the complete copies of the application under Section 19 of the Act were served upon the petitioners' advocate-on-record on March 31, 2009.;