AJAY RASTOGI,J. - (1.) BOTH the petitions are directed against interim orders passed by Debts Recovery Tribunal (DRT) dt.31/03/2010 directing the Bank to pay to the Advocate Receiver appointed by the DRT to discharge judicial duties on its behalf his honorarium @ Rs.30,000/ - to be adjusted against their claims; and at the same time, further directing principal borrowers (petitioners) to deposit a sum of Rs. One lac each in four accounts with the Bank as compensatory amount failing which the Bank shall proceed in accordance with law to enforce its security interest from the secured assets. Counsel for petitioners submits that order was passed by the DRT on 19/03/2010 whereby petitioners were directed to deposit a sum of Rs. One lac each in four NPA A/Cs of the borrower with the Bank and the matter was posted for 29/03/2010 but because of Presiding Officer of DRT being on leave, it was adjourned for 06/04/2010 but neither any application being filed for preponement but on oral request made by Shri Raj Kumar, Advocate, appearing for the Bank, it was preponed from 06/04/2010 and was taken up on 31/03/2010, on which date, the DRT directed the Bank to pay Rs.30,000/ - as honorarium to the Advocate Receiver, in addition to a sum of Rs. One lac to be deposited for each of NPA A/Cs of the borrower pursuant to order dt.19/03/2010 within seven days.
(2.) MUCH stress was laid by Counsel for petitioners that preponement of the date was made without affording an opportunity and petitioners were completely unaware of the impugned orders being passed by DRT on 31/03/2010 and it is completely in violation of principles of natural justice.
(3.) RESPONDENTS are duly served. However, this fact has been admitted at the bar that no written application was filed for preponement of the date (06/04/2010) and only on oral request being made by Shri Raj Kumar, Advocate appearing for the Bank, the matter was got preponed and order impugned came to be passed on 31/03/2010. Once the matter was posted for 06/04/2010, there appears to be no reasonable justification having come on record to pre -pone the date; that too without calling upon other side to appear, or for opportunity being afforded to the petitioners while matter being preponed on 31/03/2010. This Court does not appreciate such action of the DRT in preponing the matter in such casual manner & passing orders in absence of the parties adversely affecting their rights. However, on merits, this Court would like to observe that as regards latter part of the order impugned dt.31/03/2010 directing the petitioners (borrowers) to deposit Rs. One lac in each of Four NPA A/Cs of borrower, it is nothing but a reiteration of the order passed by the DRT on 19/03/2010 in the presence of both the parties. That apart, further orders passed by DRT directing to fix Rs.30,000/ - as honorarium for being paid to the Advocate Receiver engaged by DRT to discharge judicial duties on its behalf to be later on adjusted against their claims, Counsel who appeared for respondent -Bank and is present in Court today fairly concedes that they are not going to claim such fixed honorarium as observed by DRT vide orders impugned. Consequently, writ petitions are allowed to the extent that impugned orders passed by the DRT directing payment of honorarium @ Rs. 30,000/ - to the Advocate Receiver stand quashed & set aside. However, the petitioners undertake to deposit a sum of Rs. One lac each in four NPA A/Cs of the borrower pursuant to orders dt. 19/03/2010 & 31/03/2010 as compensatory amount within four weeks from today, failing which the Bank shall proceed in accordance with law to enforce its security interest from the secured assets in terms of impugned order dt.31/03/2010. It has also been informed that since there is no regular Presiding Officer posted in the DRT, Jaipur, and as per the dates available, Presiding Officer is going to hold Camp at Jaipur on 04 to 6th January, 2012. Accordingly the parties are directed to appear before the DRT on 05/01/2012 and it is expected from the Presiding Officer, DRT to expedite disposal of the matter in accordance with law.;