ALMANIA FOODS Vs. CATHOLIC SYRIAN BANK

JUDGEMENT

(1.) RESPONDENT-Catholic Syrian Bank ( hereinafter referred to as 'the respondent-Bank') filed Suit No. 2356/93 before the Hon'ble High Court of Delhi in October 1993 against the appellants herein as defendant I to 6 (hereinafter referred to as 'the appellants/defendants') and Mrs. Krishna Kakkar as the 7th defendant for the recovery of Rs. 1,22,38,369.29 with interest and costs. After the passing of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'), by order dated 1.12.1995 the suit was transferred to the Debts Recovery Tribunal, Delhi (hereinafter referred to as 'the DRT')wherein it was taken on file on 15.1.1996 as O.A. 1221/95. On 15.1.1996 itself the learned Counsel for the respondent Bank stated that the defendants have been served by the mode of substituted service. Since the defendants were not present, they were proceeded against ex parte. Ultimately on 16.6.1,997, the learned Presiding Officer of the DRT passed the ex parte final order.