Drat Delhi Court November 2003 Judgments

Parry Mouldings and ors. Vs. Punjab and Sind Bank

Court: DRAT Delhi

Reported in: III(2004)BC112

1. The appellants are defendants 1 to 3 before the Debts Recovery Tribunal-1, Delhi (hereinafter referred to as the 'DRT') in Q.A.410/1999 filed by the respondent Bank for the recovery of the debt due to it from the appellants/ defendants. On 26.9.2001, the DRT passed the ex pane final order in view of the failure of the appellants/defendants to appear and pay the cost of Rs. 10,000/- already imposed by the DRT on appellants/defendants 1 to 3. The appellants/defendants filed an application to set aside the said ex pane final order urging that though the Counsel for the appellants/ defendants had informed them that the date of hearing was 26.9.2001, the 2nd defendant, who was attending to the case, mistook the date as 28.9.2001 and, therefore, he could not appear on 26.9.2001 before the DRT. The further case of the appellants/defendants is that the Counsel for the appellants/defendants had informed the 2nd defendant that on 26.9.2001 he (Counsel) would not be appearing before the DRT, ...