VINAYAK INDUSTRIES LTD. Vs. BANK OF BARODA

JUDGEMENT

(1.) MR . Justice J.M. Malik, Chairperson -In this case ex parte decree was passed by order dated 14.8.1998, wherein the appellants were directed to pay a sum of Rs. 1,04,88,598.84 along with pendente lite and future interest @ 17.75% p.a. in respect of Export Packing Credit Facility, @ 17.75% in respect of Foreign Bill Purchase/Discount Facility and @20.75% p.a. in respect of Bill Past Due Account (Bank Guarantee Facility).

(2.) THE appellants filed an application under Order 9, Rule 13 read with Section 151, CPC on 26.8.2004 after the lag of more than six years. The said application was dismissed by the Presiding Officer, DRT -II, Delhi vide his order dated 25.9.2008. Aggrieved by that order, the present appeal has been preferred.

(3.) THE Counsel for the appellants vehemently argued that the appellants were not served in this case. He drew my attention towards the fact that the receipt of A.D. cards filed before the Tribunal clearly go to show that stamp of Rs. 13/ - was pasted on the A.D. envelopes. This fact clearly goes to show that the entire paper book was not sent to the appellants. He argued that Rule 11 of the Debts Recovery Tribunal (Procedure) Rules, 1993 lays down that a copy of the application and paper -book shall be served on each of the defendants as soon as they are filed, by Registrar by registered post.