2002 (10) TMI 689

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....d J.S. Saluja for the Respondent. JUDGMENT C.K. Thakker, CJ. - Rule. Mr. Girish Kulkarni appears and waives service of Rule on behalf of the respondent. In the facts and circumstances, the matter is taken up for final hearing today. 2. This petition is filed by the petitioner for quashing and setting aside an order passed by the Debts Recovery Tribunal 11, Mumbai, in M.A. No. 54 of 2002 o....

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....pplication for setting aside ex parte decree was filed before the Tribunal. According to the petitioner, since the petitioner was not aware, there was no delay on the part of the petitioner in approaching the Tribunal by filing an application, which was filed within time. At the most, there was delay of three to four days in filing the application. Considering the matter in its entirety, the Tribu....

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....ere was no gross delay. An application for setting aside ex parte decree was made on May 13, 2002. It is also necessary to note that on April 10, 2002, the petitioner applied for certified copy of the order dated September 7, 2001 which was ready on May 9, 2002. Thus, there was delay of some days only. In the light of the averments made and contentions raised, it would be in the interest of justic....

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....t could not be said that the ex parte decree was illegal or was liable to be quashed and set aside as it was passed in accordance with law. As and when the matter will come up for hearing, the Tribunal will apply its mind and pass an appropriate order. 10. From the record, it is clear that the ex parte decree was passed on September 7, 2001. It was for about Rs. 1.18 crores. Thereafter, more th....