Drat Kolkata Court April 2004 Judgments

Eureka Forbes Ltd. Vs. Allahabad Bank and ors.

Court: DRAT Kolkata

Reported in: I(2005)BC233

1. This appeal was preferred on June 25, 2003, from a judgment dated June 15, 1995, made by the learned Presiding Officer, Debts Recovery Tribunal-I, Kolkata (hereinafter referred to as "the DRT"). A certificate has been issued by the DRT on June 30, 1995, in favour of the Bank. In the appeal, the appellant has made an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. In terms of an order dated July 15, 2003, made by this Appellate Tribunal, the application and the appeal were heard analogously, and are disposed of by this order. The principal grievance of the appellant was that in spite of having a good and valid defence, strong on merits, the DRT had purported to make the impugned order against the principal debtor and ex parte holding the appellant jointly and severally liable, without giving the appellant an opportunity of hearing.2. The following facts were not in dispute among the parties. The Bank had instituted a suit before the ...