ABHAI RAM SAND Vs. DEBT RECOVERY TRIBUNAL

JUDGEMENT

(1.) THE petitioner has challenged the impugned order dated 24. 7. 2003 under Section 25/29 of the Recovery of Debts Due to banks and Financial Institutions Act, 1993, Annexure-13 to the writ petition and the auction sale which is going to be held on 11. 9. 2003 in pursuance of the order dated 24. 7. 2003. The petitioner has also prayed for a mandamus directing the respondent No. 1 to decide misc. Application No. 144 of 2003 filed by the petitioner before the respondent no. 1, Debt Recovery Tribunal, Allahalbad.

(2.) THE petitioner is the sole proprietor of Sri Ram Associates, Lalsur lane Gaighat, Varanasi. The petitioner No. 1 obtained cash credit facility of Rs 10 lacs vide sanction order dated 5. 11. 1998 and availed of the loan facility but did not repay the same. Petitioners 2 and 3 were guarantors. Hence, the respondent Syndicate Bank filed an original application under section 19 of the Recovery of Debt Due to Banks and Financial Institution act, 1963 which was registered as Original Application No. 280 of 2001 before the respondent No. 1, Admittedly the petitioners were served with the notices of the proceedings before the Debt recovery Tribunal, Allahabad. It is stated in the order dated 4. 10. 2002 of the Debt Recovery Tribunal that the defendant No. 3 filed his reply and defendant Nos. 2 and 4 took time to file reply but till date they neither filed reply nor participated in the proceedings. Hence, the Debt recovery Tribunal passed the order dated 4. 10. 2002 allowing the claim of the Bank for Rs. 14,99,447. 29 with interest at 18. 5%

(3.) IT appears that subsequently the petitioner filed an application which is registered as Misc. Application No. 144 of 2003 for recall of the order dated 4,10. 2002. True copy of the said application dated 21. 08. 2003 is annexure -15 to the writ petition.