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2018 Supreme(P&H) 2954

AJAY KUMAR MITTAL, MANJARI NEHRU KAUL
Ravi Kant – Appellant
Versus
Debts Recovery Tribunal-III, Chandigarh – Respondent


Advocates Appeaerd:Mr. S.S. Swaich, Advocate for the petitioner.
Mr. Jasneet Singh, Advocate for respondent No.2.

JUDGMENT

Mr. Ajay Kumar Mittal, J.:- By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 15.3.2018 (Annexure P-5) passed by the Debts Recovery Tribunal-III, Chandigarh (in short “the Tribunal”) dismissing the application for setting aside the exparte order dated 9.8.2017 and the order dated 9.8.2017 (Annexure P-2) vide which the petitioner was proceeded against exparte by the Tribunal.

2. A few facts relevant for the disposal of the present writ petition as narrated therein may be noticed. Respondent No.2 filed OA-757-2017 (initially numbered as OA-440-2014) on 12.3.2014 (Annexure P-1) before the Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as “the 1993 Act”) for the recovery of Rs. 28,15,122/- along with pendente lite, future interest, costs and expenses. The petitioner did not appear and the Tribunal vide order dated 9.8.2017 (Annexure P-2) proceeded him against exparte and adjourned the case for 16.10.2017. Thereafter, the petitioner moved an application along with affidavit d

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