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Himachal Pradesh Finance Corpn V/S National Oil & Flour Mills & Another.


Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- J P FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15311WB2004PTC098409

Company & Directors' Information:- N K FLOUR MILLS LIMITED [Amalgamated] CIN = U24231GJ1992PLC017406

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- K B M FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15122UP2013PTC054902

Company & Directors' Information:- R R FLOUR MILLS PVT LTD [Active] CIN = U15147MP1987PTC003858

Company & Directors' Information:- A K FLOUR MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1981PTC004155

Company & Directors' Information:- M. P. FLOUR MILLS PRIVATE LIMITED [Active] CIN = U74899DL1966PTC004548

Company & Directors' Information:- H H OIL & FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15143DL2011PTC226114

Company & Directors' Information:- J B FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15311UP2004PTC029134

Company & Directors' Information:- HIMACHAL FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15311HP1997PTC020228

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- NATIONAL OIL COMPANY LTD. [Active] CIN = U23201WB1994PLC063824

Company & Directors' Information:- A AND F FLOUR MILLS PRIVATE LIMITED [Strike Off] CIN = U15311JK1997PTC001694

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- R K FLOUR MILLS PVT LTD [Strike Off] CIN = U15310AP1981PTC003087

Company & Directors' Information:- C N FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15311DL1983PTC172336

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- U P OIL AND FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15134UP2021PTC142001

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

Company & Directors' Information:- R L FLOUR MILLS PRIVATE LIMITED [Active] CIN = U15311ML2001PTC006521

Company & Directors' Information:- K P FLOUR MILLS PRIVATE LIMITED [Strike Off] CIN = U15122UP2009PTC037995

Company & Directors' Information:- NATIONAL FLOUR MILLS PVT LTD [Dormant under section 455] CIN = U15312HR1949PTC001457

Company & Directors' Information:- THE NATIONAL MILLS COMPANY LIMITED [Not available for efiling] CIN = U99999MH1905PTC000222

Company & Directors' Information:- INDIA FLOUR MILLS LIMITED [Not available for efiling] CIN = U99999MH1908PTC000283

Company & Directors' Information:- NATIONAL OIL MILLS COMPANY LIMITED [Dissolved] CIN = U99999MH1920PTC000762

Company & Directors' Information:- THE NATIONAL FINANCE CORPORATION LIMITED [Dissolved] CIN = U99999MH1941PTC003351

Company & Directors' Information:- THE NATIONAL OIL MILLS LIMITED [Dissolved] CIN = U99999MH1947PLC007527

Company & Directors' Information:- THE NATIONAL FINANCE OF INDIA LIMITED [Strike Off] CIN = U65990DL1901PLC000648

    Appeal No. 280 of 2011

    Decided On, 02 June 2011

    At, Debt Recovery Appellate Tribunal At Delhi

    By, THE HONORABLE JUSTICE: J.M. MALIK (CHAIRPERSON)

   



Judgment Text


1. Counsel for the appellant heard at length. The original OA was filed in December, 2006. Thereafter the learned Trial Court directed the appellant to publish the proclamation vide Order dated 5.12.2008. The said publication was effected on 13.12.2008. However, this fact could not be brought to the notice of the learned Trial Court. Counsel for the appellant explained that on 31.3.2011, Proxy Counsel Mr. Sunil appeared for Mr. Vineet Khanna, Advocate. Consequently, this fact could not be brought to the notice of the learned Trial Court.

2. This is a very serious matter. It clearly goes to show the negligence, inaction and passivity on the part of the Bank. It is difficult to fathom as to why the Proxy Counsel appeared before the learned Trial Court and he misled the learned Trial Court. This is why the Court always insists that the Proxy Counsel should not appear and the main Counsel should appear personally.

3. However, I admit the appeal but there is no need to summon the respondents because they were never served in this appeal. The appeal can be disposed of in the absence of the respondents. Keeping in view all the facts and circumstances of the case and that public money is involved, I, therefore, allow the appeal subject to payment of Rs. 10,000/- (Rupees ten thousand only) as costs which be deposited with the Legal Aid, Punjab and Haryana High Court, Chandigarh and the appeal stands restored. All these facts would be brought to the notice of the learned Trial Court who may pass the appropriate order or may direct a fresh publication as per law.

4. Consequently, the appeal stands disposed of.

5. Copies of this order be furnished to the appellant as per law and another copy

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be sent to the learned DRT. The appellant is directed to appear before the learned Trial Court on 15.6.2011. Proof of deposit of costs shall be shown to the learned Trial Court on the said date.
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