WESTERN RESHELLERS PVT LTD Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS misc. appeal is filled by the appellants/original defendants being aggrieved by the Order dated 11.6.2003 passed by the learned Presiding Officer of the Debts Recovery tribunal, Pune on Exhibit No. 36 in Original Application No; 163/2002. By the impugned order, the learned Presiding Officer rejected the application made by the defendants praying that preliminary issue with respect to maintainability of the original application filed by the applicant Bank be framed.

(2.) I have heard Mr. Palande for the appellants and Mr. Bhambhlani for the respondent No. 1 Bank. I have also gone through the proceedings including the application Exhibit No. 36 and reply filed by the Bank thereto and the impugned Order and in my view, the learned Presiding Officer has correctly passed the order.

(3.) HAVING heard both the Advocates at length and having gone through the impugned order, I do not find any error or infirmity in the impugned order. In fact the defendants had not filed their written statement and on a query being made, the Advocate appearing for the defendants submitted the written statement, which was taken on record. Thus, the matter is ready for hearing and disposal on the basis pf affidavits. Apart from endorsing the views of the learned Presiding Officer about the non-maintainability of the application, this is also significant and relevant. In this way, main original application can be disposed of. This is . a meritless appeal, which deserves to be dismissed and is accordingly dismissed. Hence, following Order is passed: