IN THE DEBTS RECOVERY TRIBUNAL, GUWAHATI
I.A NO. of
2016
Arising
out of
Original
Application No. 141 of 2016
B E T W E E N
IDBI Bank Limited
…………..Applicant
-VERSUS-
M/s.
Ghosh Brothers Motors Pvt. Limited and Ors.
…………….Defendants.
Exparte
vacating petition by the defendants
The humble petition on behalf of the
defendants nos. 1,2,3,4, and 5, above named most respectfully –
S H W E T H:
1. That the instant application under section
19 of the Recovery of Debt Due to Bank and Financial Institutions Act 1993 has
been filed before this Learned Tribunal interalia
praying for the reliefs mentioned in the prayer portion of the instant
application.
2. That the defendants nos. 1, 2, 3, 4, and 5,
hereinafter referred to as these defendants have entered appearance in the
instant case and prepare themselves to file their written statement in the
instant case based on the allegations made in the original amended application
and also the documents filed by the Bank in support of their case as made out
in the said original amended application.
3. That
the defendants engaged their earlier Learned Advocate, Dr. Lal, whose junior
taking up the above referred Suit on behalf of these defendants, but as the
said Learned Advocate Dr. Lal was under treatment due to his suffering from
Cancer, and consequently he departure to this world for ever, keep these
defendants in darkness about the present Suit, and others which has been
assigned to him by these defendants. However, these defendants arranged with
the help of his surviving junior Learned Advocate to collect the Documents of
the present Suit.
4. That the defendants therefore was
not in proper knowledge of the proceeding and dates of the present Suit before
the Hon’ble DRT, Guwahati, and for such reasons alone while the Suit was called
for before the Hon’ble DRT, the Hon’ble DRT was pleased to pass necessary order
on earlier occasion, which affected in much adverse perception and to the
prejudice to these defendants.
5. That therefore, these defendants
reasonably seeks to get an appropriate opportunity to being heard in the
present proceeding, by way of submission of their Written Statement, in the
interest of administration of justice.
6. That these defendants are much
willing and eagerly desire to contest the present Suit proceeding to get
justice, and such desire of the defendants are not effected to the applicant
bank in any manner, whatsoever, and not even prejudice to the applicant, herein
in the present proceeding.
7. That the present proceeding has
been directed as of exparte against these defendants, and as the defendants has
no proper knowledge as on which date and occasions such direction has been
given by the Hon’bleTribunal, therefore praying inter alia for the opportunity
of submission of the written statements thereof, in the interest of
administration of justice.
8. That it is pertinent to states
that on 22-02-2017, while the cause lists has been taken on by the Learned
Advocate of the defendants for their another three cases before the Hon’ble
Tribunal listed on 23-02-2017, he came to know about the present proceeding,
and the last order has been enquired by the learned Advocate of these
defendants, which shows the exparte order against the defendants, herein, and
therefore on the communication of the Learned Advocate engaged presently, these
defendants reasonably seeks to appear and contest the present proceeding, in
the interest of administration of justice.
9. That on earlier occasion as on
23-02-2017, the Learned Advocate for the defendants appeared and filed their
Vokalatnama, thereof in the present Suit proceeding before the Hon’ble
Tribunal, and whereas the Hon’ble Tribunal has fixed the present Suit for
appearance of the defendants, and therefore these defendants while in the
factual circumstances, was not in a proper knowledge about the steps and
proceeding, due to earlier Learned advocate serious illness suffering from
cancer, and as the defendants are all along willing to contest the suit and to
defend their case, in the interest of administration of justice.
10. That unless the Learned
Tribunal, grant an appropriate opportunity to these defendants to contest the
present Suit proceeding by way of submission of Written Statements, in the
present Suit proceeding, these defendants will highly prejudice and suffer with
irreparable loss and injury, thereof.
11. That the balance of Convenience
and inconvenience is in favour of these defendants, and the applicant will not
prejudice.
12. That this petition is made bonafide and for
the ends of justice.
In the above facts and circumstances
it is most humbly prayed that this Hon’ble Tribunal would most graciously be
pleased to pass an order to allow this present application and to vacate the
earlier order of exparte against these defendants, in the present suit
proceeding, and to grant an appropriate opportunity to these defendants to
submit their Written Statement, in the present Suit proceeding, with a copy to
the applicant bank herein in the present Suit proceeding, so that the instant
application can be adjudicated properly and effectively without any prejudice
to the either of the parties of the proceeding, in the interest of
administration of justice, and/or to
pass such other or further order or orders as this Learned Tribunal may deem
fit and proper.
And for this act of
kindness the applicants as in duty bound shall ever pray.
AFFIDAVIT
I, Shri Pranab Kumar Ghosh, Son of
Pradyut Kumar Ghosh, being the Director of M/s. Ghosh Brothers Motors Pvt.
Limited, having it’s office at Christian Basti, near Cube Shopping Complex,
G.S. Road, Guwahati - 781006, Assam, do hereby solemnly affirm and say as
follows:
1. That I am the defendant no.2 in the instant
original application and as such I am well acquainted with the facts and
circumstances of the instant case. I further say that I have been duly authorized
by the defendant no.1, 3, 4, 5, make and affirm this affidavit on It’s behalf
also.
2. That the statements contained in paragraphs
no. 3 to 9, of the foregoing
petition are true to my knowledge and those contained in rest paragraphs are my
humble submission before this Learned Tribunal.
Prepared
in my office,
Deponent.
Advocate.
Identified
by me,--
Advocate.
Place: Guwahati
Date: , 2017.
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