SANDIP AGARWAL Vs. DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) BY this Revisional Application under Article 227 of the Constitution of India, the petitioner prays for setting aside the judgment passed by the Presiding Officer of the Debts Recovery Tribunal, Calcutta (the Tribunal for short) on 13.2.1998 in Transfer Application No. 116 of 1996, in favour of the State Bank of Indore (the Bank for short), the Opposite Party No. 2 herein.

(2.) INITIALLY the Bank filed Suit No. 621 of 1992 in this Court against the petitioner for a decree for the sum of Rs. 8,29,548.38 and also for a sum of Rs. 3,03,821.53 on account of damages suffered by the Plaintiff/Bank. Records of the said suit were transferred to the Tribunal following the enforcement of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (1993 Act, for short) and in the Tribunal the suit was re-numbered as Transfer Application No. 116 of 1996. The petitioner contested the suit filing the written statement and December 23, 1997 was fixed for arguments. On that date the Bank filed its written notes of arguments but the Presiding Officer of the Tribunal rejected the petitioner's application for adjourning the date of arguments on the ground of the petitioner's illness and fixed February 13, 1998 for the delivery of judgment.

(3.) IT is stated by the petitioner that the order dated February 12, 1998 was passed by this Court at 4 p.m. and the petitioner's Advocate by his letter dated February 12, 1998 communicated the gist of the Court's order to the Learned Advocate for the Bank around 10.30 a.m. of February 13, 1998, the date which was fixed for the delivery of Judgment.