EUREKA FORBES LTD. Vs. ALLAHABAD BANK AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 15th June, 1995 and a consequent recovery certificate being certificate No. 48 of 1995 dated 30th June, 1995 passed by the Debts Recovery Tribunal (D.R.T. for short) Kolkata. The claim of the Bank, namely the Allahabad Bank (respondent No. 1 here), to the tune of Rs. 22,11,618,62/ - was allowed ex parte and certificate accordingly issued by the D.R.T. against the appellant, Eureka Forbes Ltd., together with Dipak Chowdhury (respondent No. 3 here) and his company, Indo Marketing (respondent No. 4 here) to be liable jointly and severally for the claim of the Bank.

(2.) IN March, 1999, a miscellaneous application was filed before the D.R.T., Kolkata, for recalling the ex parte order dated 15th June, 1995 which was rejected.

(3.) IT is pertinent to mention in this connection that by his judgment and order dated 11th April, 2004, the previous Chairperson of this Hon'ble Tribunal had dismissed the application for condonation of delay in preferring the instant appeal against the ex parte certificate issued by the D.R.T. on the ground that the application for condonation of delay for setting aside the ex parte decree having attained finality up to the Hon'ble Supreme Court of India, the question of condoning the delay for entertaining the appeal was no longer open to be urged by the appellant. Such finding of the Hon'ble Tribunal has been set aside in civil revision by the Hon'ble Court by order dated 11th June, 2004 on the ground that the Tribunal had misdirected itself in the exercise of its jurisdiction.