Appellant has right to Cross Examination even against Ex Parte OA: DRAT
Even if the O.A. was proceeded in exparte, but the Appellants herein still have a right to cross examine the bank witnesses which could not be denied to the appellants
In a recent case, the Kolkata bench of the Debts Recovery Appellate Tribunal (DRAT)has held that appellant has right to cross-examination even against ex parte OA. Neelam Enterprises,the apelant challenged the impugned judgement and order passed by DRT-II, Hyderabad in O.A.702/2019 filed by Bank of India whereby I.A.3042/24 to reopen the evidence of AW-1 for cross...
In a recent case, the Kolkata bench of the Debts Recovery Appellate Tribunal (DRAT)has held that appellant has right to cross-examination even against ex parte OA.
Neelam Enterprises,the apelant challenged the impugned judgement and order passed by DRT-II, Hyderabad in O.A.702/2019 filed by Bank of India whereby I.A.3042/24 to reopen the evidence of AW-1 for cross examination, I.A.3043/24 to recall AW-1 and I.A.3044/24 to permit the petitioners i.e. defendants to cross examine AW-1, are dismissed by the DRTII, Hyderabad on the ground that right to file their written statement has already been forfeited.
Counsel for the Appellants would submit that although the order forfeiting the right to file written statement was challenged by the Appellants/defendants, the same was declined by the DRT-II, Hyderabad. The appeal before DRAT, Kolkata was also dismissed and the Writ Petition No.22920/2024 against the order of the DRAT, Kolkata was also dismissed by the High Court for the State of Telangana at Hyderabad.
Stay Updated with the Latest Audit Report Formats & Audit Trials Requirements!, Click Here
Per contra, Counsel for the Respondent Bank submits that the O.A. was filed in the year 2019 wherein the defendants/Appellants put in appearance after three years and thereafter, their right to file written statement was forfeited. Now, they cannot cross examine the Bank witness as their right to file a written statement has already been closed.
As may appear from the records vide order dt.28.10.2022, right to file written statement by the defendants was forfeited by the DRT-II, Hyderabad. Feeling aggrieved by the said order dt.28.10.2022, Misc.Appeal Dy.No.546/2024 was filed by the Appellants before DRAT, Kolkata which was dismissed at admission stage vide judgment and order dt.11.07.2024.
Against the judgment of DRAT, Kolkata, Writ Petition No.22920/2024 was filed by the Appellants before the High Court for the State of Telangana at Hyderabad which was dismissed by the Division Bench on 22.08.2024. Thereafter, the Appellants filed three I.A.s, 3042/24,3043/24 & 3044/24 seeking permission to cross examine the Bank witnesses.
Further, in the case of Nanda Dulal Pradhan & Anr. Vs.Dibakar Pradhan & Anr. ,Supreme Court held that “although the right to file written statement is closed but the defendants will be permitted to participate in the suit and cross examine the witnesses”
Accordingly, even if the O.A. was proceeded in exparte, but the Appellants herein still have a right to cross examine the bank witnesses which could not be denied to the Appellants herein. Accordingly, the impugned order dt.05.03.2025 suffers from material irregularity which is liable to be set aside.
Justice Anil Kumar Srivastava, Chairperson set aside the impugned judgement and order passed. DRT-II, Hyderabad shall permit the Appellants herein to cross examine the witness of the Respondent in accordance with law.
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
