PRAMOD AGGARWAL Vs. CANARA BANK

JUDGEMENT

(1.) RESPONDENT-Canara Bank filed O.A. 40/99 before the Debts Recovery Tribunal-1, Delhi (hereinafter referred to as 'the DRT'). The DRT passed the final order on 22.5.2001 observing that the defendant/appellant was served by publication, but had not appeared before the DRT. The appellant, who is the only defendant, then filed a Miscellaneous Application before the DRT to set aside the ex parte final order. The learned Presiding Officer of the DRT, by the impugned order dated 27.11.2002, dismissed the said application. While doing so, the learned Presiding Officer observed that the appellant has been duly served, and the acknowledgement card for the same is on the record. He also observed that notice was also published in the newspaper. He, therefore, dismissed the application.

(2.) Aggrieved the appellant has preferred this appeal.

(3.) FIRST of all, the learned Counsel for the appellant points out that the addresses given in the O.A. are not correct. According to him, the appellant had shifted from Door No. 29-B, Door Sanchar Co-operative Housing Society, Patparganj, New Delhi to C-107, Takshila Apartments, I.P. Extension, Patparganj, New Delhi. He also contends the the appellant had no office at B-6 (Basement), Bhanot Corner, Pamposh Enclave, new Delhi. This apart, he also points out (from the records of the DRT itself) that the Appellant had given his address as that of Suhag Nagar in the application for granting overdraft facility as also in the pronote, whereas, no notice was taken to this address even.