JYOTSNA TIWARI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dated 20/11/2017 as well as the order dated 01/01/2018 passed by DRT Jabalpur.

(2.) The petitioner while posted with the respondent/Bank had applied and was sanctioned Education Loan of Rs. 7.50 lacks from its IIFM Bhopal Branch vide sanction letter dated 10/11/2007 for meeting the expenses related with BDS course of her daughter. The petitioner retired from the services in the year 2011. The petitioner could not repay the said loan amount as per terms of sanction. The respondent Bank, therefore, filed an application under section 19 of the Recovery of Debts Due To Banks And Financial Institutions Act, 1993 before the DRT Jabalpur. The petitioner as well as her daughter were arrayed as respondent No. 2 and 1 respectively in that case. The petitioner appeared before the DRT and filed written statements. No notice has been served on the daughter of the petitioner. On 16/10/2017 the case was listed first time before the Presiding Officer. As there was Deepawali Holidays, therefore, all cases were adjourned for 20/11/2017. Thereafter on 20/11/2017 the Advocate of the petitioner became slightly late, the case was called for hearing by Presiding Officer and petitioners were proceeded ex-parte. The Presiding Officer heard the arguments and fixed the case for 01/01/2018 for pronouncement of the judgment. In the meantime, the petitioner has also filed an application under Section 22(g) of the DRT Act for setting aside the ex-parte order. However, the said application has not yet been decided by the Tribunal and ex-parte judgment was passed against the petitioner. Being aggrieved by that order, the petitioner has filed the present writ petition.

(3.) Learned counsel for the respondent/Bank appears on advance copy submits that the petitioner has an alternate remedy of filing an appeal against the order passed by the Tribunal under Section 20 of the Act. He further relied on the judgment passed by this Court in the case of T.P.Vishnu Kumar v. C anara Bank, P.N.Road, Tiruppur and others, reported in 2014 (1) MPLJ, 626.