UNITED BANK OF INDIA Vs. BALAI CHANDRA DAS

JUDGEMENT

(1.) MR. A.K. Roy Chowdhury, the learned Advocate appears for the appellant.

(2.) The appeal preferred by the certificate debtor against the impugned order made and passed on Friday, September 6, 2002 in TRP-56 of 2002, has been taken up for consideration with the Miscellaneous Application No. 41 of 1999 arising out of the judgment and order both made on May 6, 1997 passed by the learned Presiding Officer in OA No. 4 of 1994. The reason for the analogous hearing of both the appeal preferred as well as the Miscellaneous Application moved on July 13, 1999 is that since the judgment and order which were both made on May 6, 1997 by the Learned Presiding Officer in the above case preferred by the applicant Bank for the recovery of a sum of Rs. 13,71,457.54 p. against the said appellant and other, has been bad in law, the issue standing for determination is that the present recovery proceeding is being illegally conducted, because such one has been so far conducted pursuant to the impugned certificate of recovery issued.

(3.) FACTUALLY speaking, the judgment was passed on May 6, 1997. The application for recalling the order or judgment was moved on July 30, 1999. The said application for setting aside has been moved after a period of more than two years. That application has been moved by the applicant/appellant under Clause (g) of Sub-section (2) of Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 which reads as follows: