SANTHOSH KUMAR M.K Vs. FEDERAL BANK LTD.

JUDGEMENT

(1.) Though matter is listed for 'Preliminary Hearing', by consent of learned Advocates appearing for parties it is taken up for final disposal.

(2.) Heard Sri. Giridhar H, learned counsel appearing for petitioners and Sri.Vijayakumar V, learned counsel appearing for respondent No.1. Petition against respondent Nos.2 and 3 has been dismissed vide order dated 25.02.2020.

(3.) First respondent herein has filed an application under Section 19 of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, for recovery of money due from defendants therein and said proceedings are pending before Debt Recovery Tribunal. An affidavit of evidence came to be filed by the official of the bank in-lieu of examination-in-chief and on documents being marked, defendant Nos.1 and 2 filed an application seeking permission to cross examine A.W.1 on the grounds set out in the application - Annexure-C, as required under Rule 12(6) of the Debt Recovery Tribunal (Procedure) Rules, 1993, as said rule mandates that sufficient grounds are to be made out by defendant/s to cross-examine plaintiffs witnesses and only on such permission accorded by the DRT, cross- examination can be proceeded with and not otherwise. Said application came to be rejected by order dated 13.11.2015. Being aggrieved by the said order, a writ petition came to be filed by the petitioners in W.P.No.4934/2016, which came to be disposed of on 08.03.2019 by setting aside said order and remitting the matter back to the tribunal to decide the application filed seeking cross-examination of applicant/defendant No.1 by a speaking order within two (2) weeks from the date of receipt of certified copy of said order. DRT reconsidered the same and by order dated 10.05.2019 dismissed the application with costs.