- (1.) Petitioner by way of filing the present writ application under Articles 226 and 227 of the Constitution of India has prayed for issuance of an appropriate writ/order for setting aside the judgment and order dated 18.7.2012 (Annexure-11) passed by the Presiding Officer, Debt Recovery Tribunal, Ranchi, Jharkhand in P.T. Case No. 45 of 2002 with Counter Claim Case No. 2 of 2003. Heard the learned counsel for the petitioner as well as the respondents. Perused the impugned judgment and order as well as other materials placed on record.
(2.) From the order-sheet produced on record, it transpires that on 27.3.2012 the matter was adjourned to 3.4.2012 but, it appears that the matter could not be taken up on that day as the learned Tribunal was not available. It appears that thereafter, the matter was adjourned to 9.4.2012. Thereafter, it was adjourned to 10.4.2012. Learned Debt Recovery Tribunal passed following order on 10.4.2012:-- The case is called out as per previous order. Learned counsel on behalf of the applicant Bank appears and submits. Learned counsel on behalf of the Defendants appears and submits. The matter was fixed for final hearing of captioned Transferred application bearing P.T. No. 45 of 2002 on date and where the learned counsel who is appearing on behalf of the applicant Bank as well as on behalf of the Defendants argued their cases and completed their arguments, on date. The matter was also fixed for final hearing of counter claim case bearing C.C. No. 2 of 2003 on date and where the learned Counsel who is appearing on behalf of the applicant as well as on behalf of the Defendant bank argued their cases and completed their arguments, on date. Now, let the matter be fixed for pronouncement of final order of captioned Transferred Application bearing P.T. No. 45 of 2002 and counter claim case bearing C.C. No. 2 of 2003 at a later date which shall be intimated through daily cause list of DRT, accordingly. Thereafter, on 18.7.2012 the learned Debt Recovery Tribunal passed following order:-- The case is called out as per previous order. Learned counsel on behalf of the Applicant Bank appears and submits No one appears on behalf of the Defendants on date. The matter was fixed for pronouncement of final order of captioned Transfer Application and Counter Claim Case bearing P.T. No. 45 of 2012 and C.C. No. 2 of 2003 on date, which is pronounced in the open tribunal and let the copies of the order be provided to the parties and also to Recovery Officer of this Tribunal for their perusal and for doing their needful, if any, in the matter. Let the case records in the matter be consigned to the Record Room of this Tribunal at an early date.
(3.) In view of the aforesaid orders recorded in the order sheet of the learned Debt Recovery Tribunal, Ranchi, it appears that on 10.4.2012 it is recorded by the learned Tribunal that the learned counsel appearing on behalf of applicant Bank as well as on behalf of defendants argued their cases and completed their arguments, and matter was fixed for pronouncement of final order. Thereafter, on 18.7.2012 the order was pronounced after hearing submissions of learned counsel appearing for the applicant Bank. It appears that the learned counsel appearing for the defendants was not present at the time of pronouncement of the order.;