AARTECH SOLONICS LIMITED Vs. DEBTS RECOVERY TRIBUNAL JABALPUR

JUDGEMENT

(1.) Present Writ Petition is preferred against the order dated 2nd January, 2002, passed by the Debts Recovery Tribunal rejecting the prayer of the petitioners for cross-examining the witnesses.

(2.) The petitioners have taken a defence that the application filed by the Bank is not within the limitation; the revival letters dated 17-3-1994 and 12-2-97 have been obtained by mis-representation and coercion as such these documents cannot be acted upon. Defendant No. 1 and its Directors were misled; no agreement was executed to create mortgage; the officials of the Bank were in a position to dominate the Will of the defendant No. 1 and its Directors and got several documents signed which were blank at the time of signing the documents. Several documents were not properly executed.

(3.) Petitioners filed an application that the above questions can be threshed out in cross-examination. Right of cross-examination is the part of rules of natural Justice. Evidence of witnesses can be said to be complete only when there is examination and cross-examination; the Bank opposed the application; the Tribunal has rejected the application on 2nd January, 2002; present writ petition has been preferred against the same.