PURAN WEAVING MILLS PVT LTD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS is an application moved by the respondent Bank for recall of order dated 14.5.2001 passed by this Appellate Tribunal whereby the hearing of this appeal was directed to be ex parte against the respondent. Reply has been filed by the appellant to this application.

(2.) Heard learned Counsels for the parties.

(3.) THE facts of the case are that this appeal was filed before the DRAT, Mumbai on 26.3.1999. Upon establishment of this Appellate Tribunal the record of this appeal was received by this Appellate Tribunal from Mumbai and, consequently, on 28.9.2000, fresh notices to the parties were sent for 24th January, 2001. On that date none appeared for the parties and the matter was directed to be listed before the Registrar on 1.2.2001. Mr. S.K. Gandhi appeared for the appellants before the Registrar on that date but none appeared for the respondent Bank. This appeal came up before mean 14.5.2001 and on that date also none appeared for the respondent Bank. Consequently, Misc. Application No. 165/2000 under Section 21 of the Act for waiver was disposed of in the absence of the respondent and 12.7.2001 was fixed for hearing the appeal ex parte. After the appeal was directed to be heard ex parte and a copy of the order sent to the Chairman of the respondent Bank by registered post, the respondent Bank moved the application under consideration on 10.7.2001.