STATE BANK OF INDIA Vs. ALLIED CHEMICAL LABORATORIES

JUDGEMENT

(1.) Special leave granted. We have heard Counsel for the parties.

(2.) The appellant has challenged the impugned order of the High Court of Orissa at cuttack dated 16th August, 2004 in Writ Petition (C) No. 2428/2004 whereby the High court while allowing the writ petition preferred by the respondents held that the DRT, cuttack violated the principles of natural justice by not permitting the respondents to cross-examine the witness, whose evidence on affidavit was entertained. The High Court rejected the contention that an appeal could have been preferred against the order went on to hold that where principles of natural justice have been violated the jurisdiction of the High Court under Articles 226 and 227 of the Constitution can be invoked to set right the injustice caused to the petitioner. The facts of the case are that a suit was filed by the appellant-State Bank of, India for recovery of a sum of Rs. 23 lakhs. and odd on 12.10. 2001. The affidavit by way of evidence was filed on behalf of the Bank on 21. 01.2002. The respondent filed its written statement on 16. 02.2002 and its objections to entertaining the affidavit by way of evidence of 06.10. 2002.

(3.) The DRT, Cuttack on 11.11.2002 rejected the application filed on behalf of the respondents for cross-examination of the deponent before it. This order was not appealed against. Counsel submitted that this was not necessary in view of the observations contained in the order that if during the course of the hearing it was felt necessary to reconsider the matter, appropriate orders may be passed.