Mahesh Bhagwati, J. - (1.) By way of the instant petition, the petitioners have beseeched to quash the impugned order dated 15th January, 2010 rendered by the Debts Recovery Appellate Tribunal, Delhi passed in Miscellaneous Appeal No. 279/2009 in O.A. No. 68/2005 namely M/s. C.P.G. Exports & Ors. v. Vijaya Bank & Anr. and Notice dated 20th January, 2010 published by the respondent no.4 Recovery Officer, Debts Recovery Tribunal, Jaipur, under Section 25(a) of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (hereinafter referred in short as 'Act 1993').
(2.) Briefly stated, the petitioners no. 1 and 2 availed loan of Rs.2,88,840/- on 15th March, 1999 and Rs.1,47,823/- on 11th June, 1999 from the respondent no. 1 Vijaya Bank. Petitioner no.3 furnished guarantee for the same. On account of there being non-payment of the loan by the petitioners, the respondent no. 1 Bank submitted an application for realization of the ultimate balance of its dues from petitioner no.1, which is being represented by its proprietor i.e. petitioner no.2. The O.A. bearing no. 68/2005 was decided on 13th November, 2007 by Debts Recovery Tribunal, Jaipur against the petitioners, who were duly represented by their counsel and one Mr. Ram Gopal Gupta, whereby it was decreed for Rs.15,39,413.00 plus interest pendent lite upto recovery and costs.
(3.) The petitioners preferred an appeal before the Debts Recovery Appellate Tribunal, Delhi, which stood dismissed in default on 6th January, 2009. Thereafter, restoration application was moved on 22nd January, 2009. The restoration application was allowed at the cost of Rs.25,000/-, to be adjusted towards loan in question. After hearing both the parties, the learned Debts Recovery Appellate Tribunal, Delhi having taken a lenient view, directed the petitioners to deposit 50% of the decretal amount of Rs.15,39,413/- minus the pendente lite and future interest and costs, within four weeks, failing which that Court shall be constrained to dismiss the appeal under Section 21 of the RDDBFI Act. The petitioners impugned this judgment in the High Court by way of filing a writ petition under Article 226 of the Constitution, which was later withdrawn with the liberty to file review petition before the Debts Recovery Appellate Tribunal, Delhi. Learned Debts Recovery Appellate Tribunal, Delhi, found that the petitioners had not even partially complied with the orders, hence, dismissed the review petition, which is under challenge before this Court.;