CAPBEAUTI Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) AN interesting question arises in this writ petition for a decision of this Court. Petitioners herein are the defendants in the application filed by the Karnataka Bank Ltd. , in O. A. No. 681/995 pending before the Debt Recovery Tribunal. The application is for recovery of certain amounts from the defendants.

(2.) DURING the pendency of the application, defendants have filed an application under S. 19 (6) read with S. 19 (8) of the Recovery of Debts to Banks and Financial Institutions Act, 1993 read with Rule 19 of the Debt Recovery Tribunal (Procedure) Rules, 1993. In the said application, they have requested the Tribunal to permit them to raise a counter claim in a sum of Rs. 65 lakhs together with current and future interest. That application is opposed by the applicant.

(3.) WHEN the application was filed by the defendants before the Registry of the tribunal, the same came to be returned with a direction to pay the Court fee on the counter claim. Basing on the note made by the Registry, the learned Presiding Judge of the Tribunal has ordered for payment of the requisite Court fee to consider the aforesaid application. Aggrieved by the same, defendants in the original application have filed first appeal before the Debt Recovery Appellate tribunal at Chennai, in M. A. No. 5/2002. the appellate tribunal by its detailed and well considered order dated 4-4-2002 has disposed off the appeal and further had permitted the appellants therein to file their counter claim before the Debt Recovery Tribunal, Bangalore, with requisite Court fee, and has further directed the learned Presiding Officer of the Tribunal to entertain the counter claim and dispose off the counter claim with the original application in accordance with law. Aggrieved by the said order made by the Appellate Tribunal, petitioners are before this Court.