THEJAS VIJAYAN Vs. PHONEX ARC

JUDGEMENT

(1.) THE Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records of the order dated 03.12.2013 in M.A. No. 118 of 2013 passed by the Debts Recovery Appellate Tribunal, Chennai.

(2.) THE Debts Recovery Appellate Tribunal, Chennai, while passing the impugned order in M.A. No. 118 of 2013, on 03.12.2013, had observed to the effect that 'It is seen that the respondent is the assignee of Barclays Bank and that it had already filed the assignment deed and that by inadvertence the page containing the details of the loan availed by the appellant had not been filed in the annexure and that the Ld. Presiding Officer has permitted the filing of the said page before the tribunal below. The applicant in the OA cannot be denied the opportunity to prove its case before the tribunal below and the order of the Ld. Presiding Officer allowing the filing of a page which had been left out by inadvertence has only ensured that the respondent is not denied its right to establish its case before the tribunal below more particularly when the appellant has failed to demonstrate any prejudice and such being the case this tribunal is driven to conclude that the order of the Tribunal below warrants no interference' and resultantly, allowed the Appeal.

(3.) THE Learned Counsel for the Petitioner urges before this Court that the Respondent/Bank filed I.A. No. 402 of 2013 by introducing a document, at a time when main O.A. No. 161 of 2012 on the file of Debts Recovery Tribunal - II, Chennai was posted for 'Arguments'.