Per Swatanter Kumar,C.J.:

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both the sides.

1. Punjab National Bank, a body corporate and constituted under The Banking Companies (Acquisition and Transfer of Undertaking) Act,1970, filed an application, being Original Application No.802 of 2005 before the Debts Recovery Tribunal, Mumbai against the borrowers, (hereinafter referred to as the petitioners), including other parties, for recovery of Rs.85,63,486/- with future interest at the rate of 18.5% per annum with quarterly rest till realisation.

2. The claim of the Bank was contested by the petitioners on various grounds. In September 2003, besides filing their written statement, they also filed counter claim, claiming certain amount against the Bank. During the pendency of those proceedings, petitioners filed an application for production of documents. This application was contested by the Bank. The parties had also filed affidavits and annexed various documents, which were available with them at that stage.

3.On 8th August 2005 the petitioners filed an application for cross-examination of two Bank Office