K THANGAVEL Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) THE appeal is filed against the order dated 23.5.2002 passed by the PO, DRT, Coimbatore, dismissing the petition IA-3/2002 filed by the appellant for setting aside the ex parte decree passed by the PO, DRT, Chennai, in TA-1838/1997. TA-1838/1997 was disposed of on 9.11.2000.

(2.) The decree was passed by the Civil Court and after enactment of RDDB&FI Act, the Bank filed application under Section 19 of the Act on the basis of the decree passed by the Civil Court on 30.6.1993. The PO, DRT, Chennai, passed order in the TA (TA-1838.97) ordering issue of Recovery Certificate in favour of the Bank for a sum of Rs. 23,13,046.50 p. with interest as stated in the order. After the formation of DRT in Coimbatore, this case was transferred to DRT, Coimbatore, and there it was numbered as TA-1404/2002. The appellant filed IA-3/2002 before DRT, Coimbatore, for setting aside that ex parte decree. The PO, DRT, has dismissed that petition holding that the petition was made at a very belated stage and further the petitioner was also aware of all the proceedings.

(3.) IN the above said decisions, the Civil Court passed decree and the defendants also filed petition to set aside the ex parte decree under Order 9 Rule 13, CPC and it was held by the High Courts that after passing of the Act, the Tribunal alone has got power to deal with the cases which are statutorily transferred and the Tribunal has only to dispose of the petitions filed under Order 9 Rule 13, CPC. Relying upon those decisions, he pointed out that the defendants filed IA-1968/99 to set aside the ex parte decree and that has not yet been disposed of and without disposing of that petition the TA has been disposed of and the PO, DRT, has every right to dispose of that petition.