( 1 ) THE appellant Bank, is the original-respondent, at whose instance, by this Letters Patent Appeal under Clause 15 of the Letters Patent, the challenge is made against the judgment and order passed on 3rd July 2002 by the learned Single Judge [coram: D. A. Mehta, J. ], inter alia, contending that the impugned order, quashing the order dated 5th May 1999 of the Debts Recovery Tribunal, Ahmedabad, is unjust and illegal.

( 2 ) THE respondents, in this Letters Patent Appeal, are the original-petitioners and the appellant is the original-respondent Bank. The appellant Bank initiated legal battle by filing Original Application No. 110 of 1998 against the respondents before the Debt Recovery Tribunal [drt] claiming a sum of Rs. 4,07,32,789/= with costs and future interests invoking the provisions of Section 17 and 19 of The Recovery of Debts Due To Banks And Financial Institutions Act, 1993 [act]. The DRT, by its order dated 4/5-5-1999, allowed the Original Application No. 110 of 1998 in favour of the appellant against the respondents as despite seeking adjournment for filing reply failed to file the reply. The matter was, thereafter, posted on several dates. On behalf