EUREKA FORBES LIMITED Vs. DEBTS RECOVERY APPELLATE TRIBUNAL, WEST BENGAL AND ANDAMAN NICOBER ISLANDS & ORS.

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is at the instance of one of the defendants in proceedings under section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('Act') and is directed against order dated June 1, 2001 passed by the Debts Recovery Appellate Tribunal thereby affirming order dated Aug. 9, 1999 passed by the Presiding Officer, Debts Recovery Tribunal in Misc. Case No. 19 of 1998 arising out of T.A. No. 15 of 1994.

(2.) There is no dispute that the bank filed a suit against the petitioner and other respondents being Title Suit No. 29 of 1988 in the 2nd Court of learned Assistant District Judge, Alipore. In the year 1989 the present petitioner entered appearance and filed a separate written statement opposing the prayer of the bank. On coming into operation of the Act the said suit was transferred to the Debts Recovery Tribunal, Calcutta and was re-numbered as T.A. No. 15 of 1994. It is admitted that fresh notice upon the petitioner was served from the Debts Recovery Tribunal and the petitioner engaged an advocate to enter appearance in the said proceedings.

(3.) Ultimately as nobody contested the said proceedings before the Debts Recovery Tribunal on behalf of the petitioner, the same was decreed ex parte on June 30, 1995.