9911796707
TMI Blog2002 (2) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... in this writ petition. 3. The writ petitioners are defendants in the O.A. It appears that the impugned order dated 10-12-2001 was passed in the absence of the learned counsel appearing on behalf of the defendants without hearing their case. The impugned order says that no representation was made on behalf of the writ petitioners-defendants before the learned Tribunal though they have filed their objections for the interim relief. A perusal of the order would show that the learned Tribunal has not referred to any of the objections raised by the petitioners herein but granted interim relief in favour of the respondent-Banks. It appears that the learned Tribunal has been carried away by the report submitted by the Commissioner. It is stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reasons for the absence on 10-12-2001. It is stated that on coming to know of the order dated 10-12-2001, the petitioners immediately applied for the certified copy of the said order as there was no communication about the same and after obtaining the certified copy filed the said affidavit on 6-2-2002 and thereafter the matter was adjourned to 7-2-2002. On 7-2-2002, the learned Tribunal after hearing both sides directed the petitioner to prefer an appeal against the order dated 10-12-2001. We have already stated above that the order dated 10-12-2001 had been passed by the learned Tribunal contrary to law and in violation of the principles of natural justice. Under these circumstances, there is no need or necessity for compelling the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal, in our opinion, has no power to pass the impugned order without affording opportunity to the petitioners to present their case. In our opinion, the Tribunal has exercised the discretionary powers vested in it in an unreasonable manner. We, therefore, allow this writ petition and set aside the impugned orders dated 10-12-2001 and 7-2-2002 passed in O.A. No. 784 of 2001 and restore both the applications to file. The Tribunal shall, after giving notice to the petitioners herein and to the banks, consider the prayer in paras 7(1) to 7(3) of the original application and pass appropriate orders thereafter in accordance with law. The Tribunal is directed to dispose of the memo for appointment of receiver as prayed for in paras 7(1) and 7(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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