POOJA DHARIWAL Vs. DRT JAIPUR & ORS.

JUDGEMENT

(1.) BOTH the petitions are directed against interim orders passed by Debts Recovery Tribunal (DRT) dt.31/03/2010 directing the Bank to pay to the Advocate Receiver appointed by the DRT to discharge judicial duties on its behalf his honorarium @ Rs.30,000/ - to be adjusted against their claims; and at the same time, further directing principal borrowers (petitioners) to deposit a sum of Rs. One lac each in four accounts with the Bank as compensatory amount failing which the Bank shall proceed in accordance with law to enforce its security interest from the secured assets.

(2.) MUCH stress was laid by Counsel for petitioners that preponement of the date was made without affording an opportunity and petitioners were completely unaware of the impugned orders being passed by DRT on 31/03/2010 and it is completely in violation of principles of natural justice.

(3.) RESPONDENTS are duly served. However, this fact has been admitted at the bar that no written application was filed for preponement of the date (06/04/2010) and only on oral request being made by Shri Raj Kumar, Advocate appearing for the Bank, the matter was got preponed and order impugned came to be passed on 31/03/2010.