At, In the High Court of Bombay at Nagpur
By, THE HONOURABLE CHIEF JUSTICE MR. MOHIT S. SHAH & THE HONOURABLE MR. JUSTICE A.S. CHANDURKAR
For the Petitioners: A.H. Lohiya, Advocate. For the Respondent: Ms. Anita Singh, Advocate.
Oral Judgment: (Chief Justice)
Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. This writ petition is directed against the order dated 19.3.2013, passed by the Debts Recovery Tribunal at Nagpur, rejecting the petitioners' application for setting aside the 'no written statement' order, dated 04.07.2012 in Original Application No.49/2012 filed by the respondent- Maharashtra State Financial Corporation, Nagpur, which is pending before the Debts Recovery Tribunal.
3. Having regard to the fact that the controversy in this petition is about the delay on the part of the petitioners (opponents in the Original Application filed by the respondent-MSFC herein) in filing an application for setting aside the order of 'no written statement', we do not propose to set out the facts in detail.
4. According to the petitioners, the Advocate engaged by the petitioners before the Debts Recovery Tribunal withdrew his appearance by way of a Pursis, without informing the petitioners and therefore, when the petitioners came to know about the same, they appointed another Advocate to find out the progress of the matter. However, on account of non-filing of the written statement, the Tribunal had already passed the 'no written statement' order dated 04.07.2012. Hence, the petitioners filed an application on 10.12.2012 through their second Advocate praying for setting aside the order dated 04.07.2012 and also praying for filing written statement on record. The said application has been rejected by the Debts Recovery Tribunal. Hence, this petition.
5. Having heard the learned counsel for the parties and having gone through the impugned orders passed by the Tribunal, we are of the view that the interest of justice would be served if the impugned orders, dated 04.07.2012 and 19.03.2013, passed by the Tribunal, are set aside and the petitioners are permitted to file written statement in Original Application No.49/2012 on a condition that the petitioners pay the respondent - Maharashtra State Financial Corporation, Nagpur, the costs quantified at Rs.15,000/- (Rupees Fifteen thousand only).
6. In view of the undertaking given by the learned counsel for the petitioners that the petitioners will file the written statement before the Debts Recovery Tribunal within a period of two weeks from today and they will also pay Rs.15,000/- (Rupees Fifteen thousand only) to the respon
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dent-Corporation by way of costs, the writ petition is accordingly allowed. The impugned orders dated 04.07.2012 and 19.03.2013, passed by the Debts Recovery Tribunal, Nagpur, are hereby set aside. 7. Rule is made absolute accordingly. No order as to costs.