NANDHI DALL MILLS Vs. ICICI BANK LTD

JUDGEMENT

(1.) By consent, these Civil Revision Petitions are taken up for final disposal.

(2.) The 1st petitioner had availed loan facilities from the 1st respondent Bank and the 4th respondent had also floated immovable properties for the due repayment of loan. Since default has been committed in repayment of the loan, the 1st respondent Bank had filed O.A.No.925 of 2016 under Sec. 19(1) of the Recovery of Debts due to the Banks and Financial Institutions Act 1993 (in short RDDBFI Act) for recovery of a sum of Rs.28,94,86,839.50 due as on 18/8/2015 with consequential relief. The writ petitioners, who are alleged as respondents in said Original Application, filed their counter claim dtd. 21/10/2016. The Debt Recovery Tribunal at Madurai, vide order dtd. 18/12/2017 in SR No.7352/2016 in O.A.No.925/2015, has found that the counter claim application in SR.No.7352/16 is not maintainable and accordingly rejected the same. Challenging the legality of the said order, the writ petitioners filed an appeal under Sec. 20 of RDDBFI Act before the Debts Recovery Appellate Tribunal-Chennai. It appears that the said appeal came to be dismissed for default and to restore the same, the petitioners filed I.A.No.369 of 2019 in R.A.No.140/2018 before the Debts Recovery Appellate Tribunal, Chennai. It appears that I.A.No.369 of 2019 was dismissed on 29/4/2019 and once again the petitioners filed I.A.No.425/2019 for restoration of the appeal in R.A.No.140/2018 pending on the file of the DRAT. The Tribunal, vide order dtd. 3/4/2019 in R.A.No.140/2018, S.R.No.7352/2016 in O.A.No.925 of 2015 on the file of DRT Madurai has dismissed the appeal for default, vide order dtd. 3/4/2019 for the following reasons:

(3.) The Tribunal, vide impugned order in I.A.No.369/2019, which was filed for restoration of the main appeal, observed among other things that the borrowers are in the habit of engaging different counsel for their case and dismissed the said Original Application even without notice and aggrieved by the said order, the present Civil Revision Petitions are filed.