BHANU CONSTRUCTION CO PVT LTD Vs. ANDHRA BANK

JUDGEMENT

(1.) ANDHRA Bank and State Bank of India, Hyderabad, filed an application against M/s.Bhanu Construction Co. Pvt. Ltd. and the guarantors, for recovery of a sum of Rs.19,95,86,510.79 before the Debts Recovery Tribunal, Hyderabad, in O.A.No.460 of 1999. After enquiry, the Debts Recovery Tribunal, Hyderabad, passed a decree in favour of the banks as against M/s. Bhanu Construction Co. Pvt. Ltd. and the guarantors on 31.10.2000. The judgment debtors, feeling aggrieved that the decree was passed on merits without giving an opportunity to them, filed an application to set aside the said decree, terming the same as an exparte one. Some of them filed applications to set aside the exparte decree. Some others filed applications to condone the delay in filing the applications to set aside the exparte decree. Ultimately, on 06.09.2002, the Debts Recovery Tribunal, Hyderabad, dismissed the said applications. Aggrieved by that, they filed appeals before the Debts Recovery Appellate Tribunal, situated at Chennai. After hearing the counsel for the parties, the Appellate Tribunal, dismissed the appeals. Hence, separate Writ Petitions have been filed by the judgment debtors, namely, M/s. Bhanu Construction Co. Pvt. Ltd. and the guarantors in W.P.Nos.3386,18669,18670 and 18671 of 2003 before this Madras High Court.

(2.) SINCE all these Writ Petitions would deal with the same question, they are being disposed of by a common order.

(3.) THE principal question, that arises for consideration, is the following : 'Whether the petitioners are entitled to file Writ Petitions in this Madras High Court, even though the original orders were passed by the Debts Recovery Tribunal at Hyderabad, Andhra Pradesh, merely because the Debts Recovery Appellate Tribunal, which confirmed the said original orders, is situated at Chennai, within the territorial jurisdiction of this Court"'