NGC RUBBER P LTD Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) HEARD Counsel and perused the records.

(2.) The appellants/defendants, without filing an application for setting aside the ex parte order, filed an application under Section 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act of 1993') for recalling the order. The learned Counsel for the appellants contends that this being not an ex parte final order, the appellants/defendants did not deem it fit to file an application to get it set aside on that basis.

(3.) JUST because the appellants/defendants engaged a Counsel, it does not mean that the appellants/defendants are totally absolved of their duty to be present in the Court and to file a written statement. It is unbelievable that the appellants/defendants were not even aware that they should file a written statement. This is especially so, when they had filed written statement in another case in which also they had engaged the same Counsel.