(1.) THIS writ petition has been filed for quashing the orders dated 2-12-2008 (Annex. 2 series), passed by the learned Presiding Officer, Debt recovery Tribunal, Cuttack (hereinafter called the "tribunal") in O. A. No. 189 of 2008.
(2.) THE facts and circumstances giving rise to this case are that the defendant-petitioner had taken loan from the opposite party-bank and as it was not paid, the Bank filed a suit before the Tribunal on 1-9-2008 for making the recovery of the outstanding dues. The matter came up for hearing before the Tribunal on 22-10-2008 and notice was issued to the defendant-petitioner fixing 2-12-2008 as the date of hearing. The notice could not be served upon the defendant-petitioner personally as he was out of station and other adult members of his family did not accept the notice. When the fact came to the knowledge of the defendant-petitioner he filed an application before the tribunal on 17-11-2008 along with IPO of rs. 250/- to obtain a. copy of the plaint and also submitted an application for giving some more time to file the written statement (hereinafter called the 'ws' ). He was served with the documents i. e. copy of the plaint etc. on 24-11-2008. The matter came up before the Tribunal on 2-12-2008. The application submitted by the defendant-petitioner for granting some time to file WS was disposed of observing ,that WS could be filed on the very same date i. e. 2-12-2008 itself by 6. 00 P. M. or by 10-12-2008 if the defendant-petitioner, deposits 5% of the claimed amount. Thus the defendant-petitioner was directed that in case he chooses to file the ws by 10-12-2008, he shall deposit Rs. 1,43,365/- being 5% of the outstanding dues as claimed by the Bank. Being aggrieved, this writ petition has been filed by the defendant-petitioner.
(3.) MR. S. D. Das, learned Senior Counsel for the petitioner submitted that the petitioner has shown his bona fide to defend the case. As he appeared before the Tribunal prior to the date fixed i. e. 2-12-2008 to obtain the papers, he could have been given reasonable time to file the WS. More so, the tribunal was not competent to pass a conditional order of 5% pre deposit while granting time to file WS. Hence the orders passed by the Tribunal are liable to be set aside.
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