JUDGMENT :

B.S. Chauhan, C.J. - This Writ Petition has been filed challenging the Judgment and order of the Debts Recovery Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the DRT) passing an ex parte Judgment and Order Dated 18.08.2005 in O.A. No. 54 of 2001 against the present Petitioner and rejecting his applications for recalling the ex parte order and condonation of delay vide Judgment and Order Dated 28.02.2008 in M.A. Nos. 27 and 28 of 2008.

2. The facts and circumstances giving rise to this case are that the Petitioner stood guarantor (though stated before this Court first time that his signatures had been forged by the borrower) and as loanee did not make the payment, the Opposite Party-Bank i.e. Union Bank of India initiated the proceedings for recovery. Petitioner claims that he had not been served any notice nor aware of the proceedings and finally ex parte Judgment and order had been passed against him on 18.08.2005. Subsequent thereto, when the notice was published on 8.8.2007 in the newspaper The Sambad' a friend of the Petitioner informed him about the notice and proceeding. Thus, he immediately filed an application i.e. M.A. No. 27 of 2008 in O.A. No. 54 of 2001