STATE BANK OF INDIA Vs. KAMALESH ICE INDUSTRIES

JUDGEMENT

(1.) THIS Misc. Appeal is filed by the appellant State Bank of India/Original Applicant being aggrieved by the order dated 23.4.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal Ahmedabad in Civil Misc. Application No. 7 of 2002, arising out of Original Application No. 81 of 1995. By the impugned order, the learned Presiding Officer allowed the application made by the original defendants (present respondent Nos. 1 to 4) wherein, they had inter alia sought extension of time to make balance payment to the applicant Bank till 30.6.2002 though there were consent terms filed by the parties. THIS payment was to be made much earlier. In short, the application was made by the defendants praying for directions from the Tribunal that the Bank be directed to accept payment of instalment beyond the time which was fixed between the parties as per the consent terms. THIS extension was granted by the Tribunal and this is what is hurting the Bank and hence, the present Misc. appeal has been filed before this Appellate forum.

(2.) Few facts, which are required to be stated, arc as follows:

(3.) ADVOCATE appearing for the defendants, simply supported the impugned order, submitting that the learned Presiding Officer was empowered to extend the time, even though there were consent terms.