C JAYAKUMAR Vs. UCO BANK

JUDGEMENT

(1.) Petitioners are the defendants in O.A.363 of 2012 on the file of the Debts Recovery Tribunal - II, Ernakulam. The said proceedings was instituted by the first respondent, hereinafter referred to as 'the bank' for short, under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act (the Act) for realisation of amounts due to them from the petitioners as outstanding in the accounts of the various credit facilities extended by the bank to the petitioners. Ext.P4 is the original application. Ext.P4 original application was filed on 24.7.2012. Summons was issued on the application by the Tribunal to the petitioners directing them to appear before the Tribunal on 7.12.2012. On 7.12.2012, the lawyer engaged by the petitioners entered appearance and sought time for filing written statement in the matter on behalf of the petitioners.

(2.) Heard the learned counsel for the petitioners as also the learned counsel for the bank.

(3.) The learned counsel for the petitioners vehemently contended that among the credit facilities mentioned in the original application, the liability in respect of one facility has been completely liquidated by the petitioners and the claims in respect of the remaining facilities are barred by limitation. According to the learned counsel, had the Tribunal considered the matter on merits, the original application would have been dismissed. It was also pointed out that the delay in moving the Tribunal to set aside the order being only 118 days, a lenient view should have been taken by the Tribunal and the petitioners should have been granted an opportunity to contest the matter on merits.