BEENA INDUSTRIES Vs. LORD KRISHNA BANK LTD

JUDGEMENT

(1.) THESE Miscellaneous Appeals are filed by the appellants/original defendants being aggrieved by the Order dated 28.11.2001 passed by the learned PO of DRT, Ernakulam, in IA-1053/2001 in OA-1489/1998 and IA-1055/2001 in OA-1488/1998. By the impugned Orders the learned PO rejected the applications (sic).

(2.) I have heard Mr. Rajesh holding for Mr. A.D. Baby, Advocate for the appellants and Mr. Krishnamurthy, Advocate for the respondent Bank. I have also gone through the entire proceedings and the shocking things which is revealed is that when the applications dated 14.8.2001 in both the OAs were made to the DRT, Ernakulam, to set aside the ex parte decree passed on 25.1.2001, affidavit in support of the said applications was made and filed by only one of the original defendants namely, M.P. Baiju. Copy of the same is annexed as Annexure at Page No. 28 of the present Appeal Memos. The other defendants have not filed any separate affidavit or supporting affidavit. The affidavit flied by the said Mr. Baiju, clearly shows that he has not been authorized to file affidavit and to make statements contained therein by the other defendants. Therefore, that affidavit has to be treated as the one filed only on behalf of M.P. Baiju and it has to be concluded that other defendants did not make any application to the DRT to set aside the judgment passed against them on 25.1.2001 and they had accepted the said verdict passed against them. Therefore, as a consequence of this blunder, all the appellants are not entitled to file this appeal at all. If anyone was entitled to do so, it was the original defendant No. 2 M.P. Baiju (in OA-1489/ 1998). Therefore, as far as the adjudication of these appeals is concerned, only the averments with respect to M.P. Baiju are to be considered.

(3.) THE Miscellaneous Appeals MA-101/2004 and MA-102/2004 are partly allowed.