HARYANA PETRO CHEMICALS LTD Vs. INDUSTRIAL INVESTMENT BANK OF INDIA

JUDGEMENT

(1.) THIS is an appeal by defendants 1 and 5 (hereinafter referred to as 'the appellants/defendants') in O.A. 94/2001 filed by the 1st respondent-Industrial Investment Bank of India (hereinafter referred to as the respondent-Bank) before the Debts Recovery Tribunal-II, Delhi (hereinafter referred to as the DRT) for the recovery of Rs. 1,37,97,204/- with subsequent interest and costs.

(2.) On 25.4.2001, the learned Presiding Officer of the DRT directed issue of show-cause notices on the O.A. to the defendants and also granted an ad interim ex pane injunction restraining the appellant/1st defendant and its Directors from selling, transferring, alienating or otherwise dealing with or disposing of the mortgaged immovable properties of the 1st defendant company with all buildings, structures, plants and machinery.

(3.) THE appellant/1st defendant filed a reply opposing this application mainly raising a preliminary objection that the O.A. 94/2001 as well as LA. 296/2001 were not maintainable being violative of Rule 9 of the Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as 'the Rules'), which provides, among other things, that all the documents relied upon by the applicant-Bank, and those mentioned in the application shall be filed along with the O.A., but, urged that the respondent-Bank had not annexed relevant documents. THE appellant 1st defendant also urged that the lease was prior to the order of injunction passed by the DRT.