SRI GADDI GOUDARA CHANDRAPPA AND ORS. Vs. M/S. PRAGATHI GRAMIN BANK, (ERSTWHILE TUNGABHADRA GRAMIN BANK), REP. BY THE MANAGER AND ORS.

JUDGEMENT

(1.) THE petitioners are before this Court assailing the order dated 22.03.2013 passed on I.A. No. 4218/2012 in O.A. No. 17/2011 pending before the Debts Recovery Tribunal ('DRT' for short) and consequently allow I.A. No. 4218/2012. The petitioners herein are the defendants in O.A. No. 17/2011. In the said proceedings initiated by the respondent -Bank for recovery of the amount stated therein, after the examination of the witness on behalf of the bank as AW -1, the petitioners with the intention of cross -examining the said witness had filed an application before the DRT seeking leave to cross -examine AW -1. The said application had been opposed by the Bank. The DRT after considering the rival contentions has dismissed the application. It is in that circumstance, the petitioner is before this Court.

(2.) HAVING noticed the contentions urged herein, I have perused the order passed by the DRT. It is no doubt true that the DRT on taking note of the reasons put forth for cross -examining the witness and in that background taking note of the legal position enunciated by the Courts has come to the conclusion that the same conventional methods cannot be followed and the DRT should be in a position to decide the case expeditiously and in such proceedings, the documents and affidavits would be sufficient for the purpose of conclusion. The petitioners herein in fact had also relied upon a decision of this Court, wherein it was held that the prevailing factors of each case should be taken into consideration while disposing of such applications.