SYLVANIA LAXMAN LTD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) RESPONDENTS 1 to 5 in this appeal, namely, Punjab National Bank, Canara Bank, State Bank of Patiala, Standard Chartered Bank, ICICI Bank (formely Bank of Madura Ltd.) (hereinafter referred to as 'the respondent-Bank') filed O.A. 218/97 against the appellants herein (who are defendants 1 to 4 in the O.A., and hereinafter referred to as 'the appellant-defendants'). The 6th respondent herein-IFCI was the 5th defendant in the O.A. before the Debts Recovery Tribunal, Delhi (hereinafter referred to as 'the DRT'). The claim in the O.A. is for the recovery of Rs. 10,06,82,207.69 with interest and costs. The learned Presiding Officer of the DRT, by the impugned order dated 28.9.2001 declined the request of the appellants-defendants to allow them to file the written statement, and also directed that the written statement, which has been filed without the permission and after the closing of the right of the appellants-defendants to file the written statement, be taken off the record. Aggrieved by this order, the appellants-defendants have come forward with this appeal. The respondent-Banks in the appeal have not filed any reply to the appeal, but the learned Counsel for the respondent-Banks stated that arguments would be addressed opposing the appeal.

(2.) I have heard the Counsel for both the sides, and perused the records.

(3.) THE learned Counsel for the appellants-defendants points out from the order dated 25.5.99 that the Counsel for the appellants-defendants stated that the Statement of Accounts and documents relied upon by the respondent-Banks had not been supplied, on which the DRT directed the respondent-Banks to supply the documents relied upon by it within a week, with a further direction to the appellants-defendants to file the written statement in 30 days. He also points out that the case was adjourned to 30.6.99.