NEW RED BANK TEA CO PVT LTD Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) TWO appeals being 8 of 2001 and 9 of 2001 have been heard in analogous. The respondent United Bank of India filed claim cases against the present appellants of both the appeals for realisation of certain sum of money. The Appeal No. 8 of 2001 arose out of O. A. No. 194/1998 while Appeal No. 9 of 2001 arose out of O.A. No. 195/1998. The impugned order is dated 14.12.2000 being order No. 7 of the respective claim cases. The facts of the claim cases as appears from the applications made before the claim's Tribunal which were disposed of by the similar order were also the same. Identical order were passed in both cases.

(2.) The case of the appellants in both the matters are that they instituted suits before the High Court in the month of June, 1998. It is alleged that as acounterblast, the claim cases were filed against them on 28.8.1998 with inflated claims. There was an interim order of the stay of the claim case which was vacated only on 5.12.2000 and the impugned order was passed on 14.12.2000 without giving any chance to the present appellant to file written objection against the prayer of the respondent Bank for an order of temporary injunction for appointment of receiver with regard of temporary injunction for appointment of receiver with regard to the Tea Estate belonging to the appellants. It is further alleged that on 14.12.2000, when the matter was called an application for adjournment was moved on the ground that due to the illness of the lawyer appointed by them, the had to engaged a lawyer at short notice and, as such, the latter is not in a position to prepare the written objection to get prepared for the case. But the said application was rejected on the ground that the petition for interim relief was pending for a long time. They have challenged this action on the part of the Presiding Officer taking into consideration that the proceeding was not delayed due to any move on the part of the appellants rather there was stay order by the High Court on suits against the respondent Bank filed earlier to the claim cases. Accordingly, they have prayed for setting aside, the said order with a view to get an opportunity to contest the claim of the respondent Bank.

(3.) BOTH the appellants have been heard together and contrary to the steps taken by the Tribunal below in passing two verbatim orders in two appeals, one judgment shall govern both the appeals.