M.KARPAGAVINAYAGAM, S.R.SINGHARAVELU
Bhanu Construction Co. Pvt. Ltd. rep. by its Managing Director & Others – Appellant
Versus
Andhra Bank, rep. by its Chief Manager & Others – Respondent
Common Order: (M. Karpagavinayagam, J.)
Andhra Bank and State Bank of India, Hyderabad, filed an application against M/s.Bhanu Construction Co. Pvt. Ltd. and the guarantors, for recovery of a sum of Rs.19,95,86,510.79 before the Debts Recovery Tribunal, Hyderabad, in O.A.No.460 of 1999. After enquiry, the Debts Recovery Tribunal, Hyderabad, passed a decree in favour of the banks as against M/s. Bhanu Construction Co. Pvt. Ltd. and the guarantors on 31.10.2000. The judgment debtors, feeling aggrieved that the decree was passed on merits without giving an opportunity to them, filed an application to set aside the said decree, terming the same as an exparte one. Some of them filed applications to set aside the exparte decree. Some others filed applications to condone the delay in filing the applications to set aside the exparte decree. Ultimately, on 06.09.2002, the Debts Recovery Tribunal, Hyderabad, dismissed the said applications. Aggrieved by that, they filed appeals before the Debts Recovery Appellate Tribunal, situated at Chennai. After hearing the counsel for the parties, the Appellate Tribunal, dismissed the appeals. Hence, separate Writ Petitions have been filed by
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