PRADEEP KUMAR Vs. DEBT RECOVERY TRIBUNAL, JHARKHAND

JUDGEMENT

(1.) Petitioner by way of filing the present writ application under Articles 226 and 227 of the Constitution of India has prayed for issuance of an appropriate writ/order for setting aside the judgment and order dated 18.7.2012 (Annexure-11) passed by the Presiding Officer, Debt Recovery Tribunal, Ranchi, Jharkhand in P.T. Case No. 45 of 2002 with Counter Claim Case No. 2 of 2003. Heard the learned counsel for the petitioner as well as the respondents. Perused the impugned judgment and order as well as other materials placed on record.

(2.) From the order-sheet produced on record, it transpires that on 27.3.2012 the matter was adjourned to 3.4.2012 but, it appears that the matter could not be taken up on that day as the learned Tribunal was not available. It appears that thereafter, the matter was adjourned to 9.4.2012. Thereafter, it was adjourned to 10.4.2012.

(3.) In view of the aforesaid orders recorded in the order sheet of the learned Debt Recovery Tribunal, Ranchi, it appears that on 10.4.2012 it is recorded by the learned Tribunal that the learned counsel appearing on behalf of applicant Bank as well as on behalf of defendants argued their cases and completed their arguments, and matter was fixed for pronouncement of final order. Thereafter, on 18.7.2012 the order was pronounced after hearing submissions of learned counsel appearing for the applicant Bank. It appears that the learned counsel appearing for the defendants was not present at the time of pronouncement of the order.