RAVI KANT Vs. DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari for quashing the order dtd. 15/3/2018 (Annexure P-5) passed by the Debts Recovery Tribunal-III, Chandigarh (in short "the Tribunal") dismissing the application for setting aside the exparte order dtd. 9/8/2017 and the order dtd. 9/8/2017 (Annexure P-2) vide which the petitioner was proceeded against exparte by the Tribunal.

(2.) A few facts relevant for the disposal of the present writ petition as narrated therein may be noticed. Respondent No.2 filed OA-757-2017 (initially numbered as OA-440-2014) on 12/3/2014 (Annexure P-1) before the Tribunal under Sec. 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the 1993 Act") for the recovery of Rs.28,15,122.00 along with pendente lite, future interest, costs and expenses. The petitioner did not appear and the Tribunal vide order dtd. 9/8/2017 (Annexure P-2) proceeded him against exparte and adjourned the case for 16/10/2017. Thereafter, the petitioner moved an application along with affidavit dtd. 16/10/2017 (Annexure P-3) before the Tribunal for setting aside the exparte proceedings. Respondent No.2 filed reply, Annexure P-4, to the said application. The Tribunal vide order dtd. 15/3/2018 (Annexure P-5) dismissed the said application. Hence, the present writ petition.

(3.) We have heard learned counsel for the parties and perused the paper-book with their assistance.