ASHOK MALHOTRA Vs. SYNDICATE BANK

JUDGEMENT

(1.) THE 4th defendant Mr. Ashok Malhotra in O.A. No. 210/97 before the Debts Recovery Tribunal-I, Delhi (hereinafter referred to as the DRT) is the appellant herein. He was proceeded ex parte and final order was passed on 7.1.2002. THErefore, the appellant/4defendant filed an application for setting aside the ex parte final order. But, the same was dismissed by the learned Presiding Officer of the DRT by his order dated 25.2.2002 on the ground that there is no reason for setting aside the ex parte final order. Aggrieved, the 4th defendant has come forward with this appeal. Notice was dispensed with for respondents 2 to 11. Though a Counsel wanted to appeal for the 9th respondent, later on even Vakalatnama was not filed for the 9th respondent, and he was proceeded against ex parte. THE 1st respondent/plaintiff Bank has filed a suitable reply opposing the appeal.

(2.) I have heard the Counsel for the appellanl/4th defendant and the 1st respondent/ plaintiff Bank, and have perused the records.

(3.) ON 6.10.2000 the learned Presiding Officer was on leave and the case was adjourned to 5.1.2001, and that from 5.1.2001 it was adjourned to 15.5.2001 as the Presiding Officer had received orders for transfer. From 15.5.2001 the case was adjourned to 31.7.2001 directing that the written statement be filed in two weeks, but, on 31.7.2001 the Advocates were on strike and the case was once again adjourned to 21.9.2001. ON 21.9.2001 the appellant/4th defendant (stating him to be the 5th defendant) was given time to file written statement and the case was adjourned to 17.10.2001.