SANDEEP KAKKAR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed against an order dated 23rd/28th March, 2007 passed by D. R. T. , Allahabad in M. A. No. 13/07 rejecting the application moved by the appellant for setting aside the order dated 17th March, 2003 deciding T. A. No. 1626/2000 ex parte.

(2.) IN this application moved before the D. R. T. , the present appellant had pleaded that for the proceedings of T. A. No. 1626/2000, he was not served with any notice. According to him he was a victim of the fraud played by defendant No. 2, one of the Directors of Idol Commerce Pvt. Ltd. and his signatures were obtained on blank papers for the cash credit facilities granted to above opposite party Idol Commerce Pvt. Ltd. According to the appellant, he had shifted from Kanpur to Raibareily in connection with his employment and the publication of notice of the T. A. No. 1626/2000 in newspaper Amar Ujala was never brought to his notice as there is no wide publication and circulation of above newspaper in Raibareilly. According to the appellant his tenant Sri K. Sharma found a notice of auction dated 13th July, 2004 pasted on the wall of appellant's house then he informed the appellant who contacted his local Counsel who advised him to engage some Counsel at Allahabad then he engaged Sri Vibhuti Narain, Advocate at Allahabad, and then on inspection, it was found that the ex-parte judgment has been passed on 17th March, 2003 without any service of the notices of the T. A. No. 1626/2000 upon appellant then he moved an application for restoration of above case after obtaining the certified copy of the judgment dated 17th March, 2003.

(3.) THE appellant had preferred the civil miscellaneous writ petition No. 11191 of 2007 wherein Hon'ble Allahabad High Court on 1st March, 2007 passed an order for decision on his application pending before the Tribunal expeditiously in accordance with law. The learned D. R. T. in pursuance of the above direction of the Hon'ble High Court passed above order rejecting the application of the appellant and feeling aggrieved with this order, this appeal has been filed.