C N PARAMASIVAM Vs. SUNRISE PLAZA PARTNER KALYANASUNDARAM

JUDGEMENT

(1.) The petitioners have sought for issuance of a Writ of Certiorari to quash the order dated 28.2.2007 passed by the Debt Recovery Appellate Tribunal, Chennai in MA. No. 90 of 2006.

(2.) The facts which led to the filing of the writ petition are as follows. The first respondent is a Partnership Firm and respondents 2 and 3 are its partners. The first respondent availed loan from the fourth respondent Bank to the limit of Rs. 90 lakhs on 9.9.1991. The respondents 2 and 3 also created equitable mortgage on their properties by depositing the title deeds for the said loan. There was default in repayment and for recovery, the fourth respondent herein filed Original Application in O.A. No. 238 of 1998 on the file of Debts Recovery Tribunal at Chennai and it was re-numbered as O.A. No. 1098 of 2001.

(3.) Respondents 1 to 3 were set exparte on 25.2.1999 and exparte Decree also came to be passed on 20.9.1999. The respondents 1 to 3 filed Application in I.A. No. 2240 of 1999 for setting aside the exparte order and Application in I.A. No. 2606 of 1999 for setting aside the exparte Decree. The Applications were dismissed for default on 20.11.2001. The respondents 1 to 3 herein filed I.A. Nos. 897 and 898 of 2001 to restore the Interlocutory Applications in I.A. Nos. 2240 and 2606 of 1999 and they were dismissed on 1.5.2002.