INDIAN BANK Vs. BASICHEM INDIA LTD

JUDGEMENT

(1.) ON behalf of the said Bank one application under Sub-section (1) of Section-31 -A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. [Act No. LI of 1993], has been made before this Tribunal against the four defendants. The said application has been in fact meant for an amount of Rs. 7,15,871-17 p., calculated as on June 6, 2002 before this Tribunal. Since then the said application has been for no reason pending. It is pending in spite of the existing legal system, according to which this Tribunal shall be not required to follow the principles of natural justice as far as the Order to be passed under Sub-section (2) of Section 31-A, which reads as follows: "The Tribunal shall issue a Certificate of Recovery on receipt of an application preferred under Sub-section (1) of Section 31-A of the said Act", is required from this Tribunal. Such peculiar event may appear too from the entire case starting its journey from Diary No. 63 of 2002 wherefrom it is being found out that the defendants have been given the opportunities of apprising this Tribunal whether they have paid the said ordered amount or not. Before this day, as many as twenty-three orders have been passed on several days and dates, but every time failing to witness the appearance of the defendants which results in the wilful abandonment of the opportunities so given to themselves (four defendants) to satisfy the Tribunal as to whether there has been paid by themselves either jointly or severally the amount as prayed from herein.

(2.) Before passing the order in connection with the application, this Tribunal refers to the disposed of suit bearing No. T.M.S. No. 253 of 1979 instituted by the said Bank on August 23, 1979 in the Court of the learned Additional Sub-Judge at Cuttack. The applicant Bank has instituted the said suit against those defendants in the year 1979 when neither the present Act has been enacted as the valid piece of legislation nor this Tribunal has been set up there under.

(3.) WITH the above foregoing reasons, this Tribunal is allowing the application of the applicant Bank preferred on June, 6, 2002.