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AJAY KUMAR MITTAL, RAMENDRA JAIN
Allahabad Bank – Appellant
Versus
Debts Recovery Appellate Tribunal, Delhi – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Kamal Preet Singh Dhillon, Advocate.

JUDGMENT

Ramendra Jain, J.—Briefly stated, Respondent nos. 2 and 3 (for short “borrowers”) obtained cash credit limit facility of Rs. 10 lakh from the petitioner-bank in the year 2008 against execution of various documents like demand promissory note, consent letter, acknowledgement letter, agreement of guarantee etc. in favour of the petitioner-bank. Since borrowers could not adhere to the financial discipline, their cash credit facility account was declared Non Performing Asset (“NPA”) on 27.1.2010. Thereafter, on 02.07.2010, the petitioner-bank filed Original Application No.295 of 2010 against respondent nos. 2 to 5 before the Debts Recovery Tribunal-II, Chandigarh (for short “DRT”) for recovery of the outstanding loan amount. Upon notice, when respondent nos. 2 to 5 did not appear, they, vide order dated 16.04.2012 were proceeded ex parte. However, vide order dated 28.5.2013 (Annexure P-2) passed by the DRT-II, Chandigarh, the aforesaid Original Application filed by the petitioner-bank was dismissed in default. Resultantly, the petitioner-bank filed an application dated 18.10.2013 (Annexure P-3) for restoration of its Original Application, which, according to the petitioner-bank







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