SHRI RAM GUPTA Vs. DEBT RECOVERY APPELLATE TRIBUNAL

JUDGEMENT

(1.) Both the aforesaid writ petitions are being taken up for decision in this single order as the prayer sought for therein is essentially for the quashing of the order dtd. 24/7/2019 passed by respondent No.1, Debt Recovery Appellate Tribunal, Delhi in Misc. Appeal No. 468 of 2018 titled as "M/s Shakti Bhog Snacks Limited vs. Corporation Bank & Others" and the consequent orders passed by DRT-III Chandigarh in both the petitions.

(2.) Brief facts of the case, CWP-26365-2019, in nut shell, are that the respondent Bank had filed OA No.1332 of 2018 titled as 'Oriental Bank of Commerce vs. A.G. Oils Pvt. Ltd. And Others' under Sec. 19 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as 'RDB Act, 1993') seeking the recovery of amount due alongwith interest. Notice was issued on 15/6/2018 to the defendants calling them to appear on 8/11/2018 vide Annexure P-2. The petitioners have placed on record the copies of orders passed by the learned DRT-III, Chandigarh from 8/11/2018 to 7/6/2019 (Annexure P-3) to plead that on account of non-availability of the Presiding Officer the case was adjourned from 8/11/2018 to 12/3/2019 and then to 8/5/2019.

(3.) Brief facts pleaded in CWP-25611-2022 are that the respondent Bank had filed OA No.2633-2018 for recovery of its alleged dues along with interest. Vide order dtd. 5/11/2018 (Annexure P-5) learned DRT-III, Chandigarh issued notice for 3/4/2019 and on 3/4/2019 (Annexure P-6) fresh notice was directed to be issued for 6/8/2019 (copy of notice dtd. 5/4/2019 Annexure P-7). Pursuant to the receipt of notice, the petitioners engaged Mr. Akashdeep Miglani, Advocate to represent and defend them.