RAMSONS TYRES Vs. CANARA BANK

JUDGEMENT

(1.) The present writ petition, filed under Article 226/227 of the Constitution of India, seeks to challenge the order dated 29.07.2021 (P-1) as well as the order dated 29.08.2019 (P-8) passed by the learned Debt Recovery Tribunal-III, Chandigarh (for short 'DRT')-respondent No.2.

(2.) Vide order dated 29.08.209 (P-8), the petitioners were proceeded against ex part and their right to file defence was struck off by the DRT. The same was sought to be recalled by the petitioners by filing an review/recalling application before the DRT, which was also dismissed vide order dated 29.07.2021.

(3.) The facts, which are relevant for adjudication of the present case, are that respondent No.1-Bank instituted the proceedings against the petitioners in July 2018 before the DRT by filing a petition under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the R.D.B. Act, 1993') for recovery of a sum of Rs.20,07,51923.48, which was outstanding against the petitioners. In those proceedings, the petitioners put in appearance on 23.01.2019 by filing their memo of appearance. Subsequently, when the matter again came up for consideration on14.02.2019, the following order was passed by the DRT:-