MARKANDEYA KATJU, CJ.

( 1 ) THIS writ petition has been filed for a writ of certiorari to quash the impugned order of the Delhi Recovery Appellate Tribunal dated 6. 1. 2004 and the order of the Debt Recovery Tribunal dated 3. 4. 2003 (Annexure P-1) to the writ petition. The petitioner has also prayed for a mandamus directing respondent no. 1 to implead the petitioner as one of the respondents in the appeal.

( 2 ) WE have heard learned counsel for the parties and perused the record.

( 3 ) IT appears that an OA was filed by the respondent No. 1/oriental Bank of commerce before the Debt Recovery Tribunal, Delhi, against M/s. Ultra Pharma and Surgical Co. , its proprietor Anil Kumar Bhatia and his wife Smt. Seema bhatia for recovery of Rs. 12,65,738/- including interest up to 18. 5. 2002 and thereafter interest at 17% per annum. True copy of the that application is (Annexure P-3) to the writ petition.

( 4 ) THE Bank had granted a cash credit facility to the defendant No. 1 in March, 2000, which was duly availed and enjoyed by the defendant No. 1. In pursuance of the terms of the sanction order, the defendant No. 2, Shri Anil Kumar Bhatia, deposited the original letter/documents pertain

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