USHA ANAND Vs. CANARA BANK

JUDGEMENT

(1.) RESPONDENT-Canara Bank filed O.A. 518/95 against (1) Kapri International Pvt. Ltd., (2) Mohan Anand, (3) Mrs. Usha Anand (appellant herein), and (4) C.L. Anand (since deceased) for the recovery of Rs. 33,04,41,348.77 with subsequent interest and costs. The abovesaid O.A. is pending before the Debts Recovery Tribunal-III, Delhi (hereinafter referred to as 'the DRT').

(2.) On 12.11.2002, the learned Presiding Officer of the DRT passed, among other orders, the order that "None is appearing on behalf of Mr. Rahul Mehra and Mr. Sunil Magan, Counsels for the defendant Nos. 2 and 3. None is appearing on behalf of defendants 1, 2 and 3 today, hence, proceeded ex parte". Learned Presiding Officer also passed the following order:

(3.) AGGRIEVED by this order, the appellant/3rd defendant, has preferred this appeal on the ground that the order passed by the learned Presiding Officer of the DRT that LA. 262/2002 was pending, is not correct since the same had been allowed on 14.3.2002 itself, and consequently, the order dismissing I.A. 262/2002 for default and posting the matter for final arguments is also not correct. He contended that this order has prejudiced the appellant/3rd defendant. That is why the appellant has prayed for setting aside this order, and to grant an opportunity to the appellant to cross-examine the plaintiff-Bank's witnesses, and to file the affidavits of evidence on her own side.