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Judgment
Sathish Ninan, J
ARC No. 163 of 2020 was filed against the petitioners by the 3rd respondent society for recovery of amounts allegedly due under a credit facility availed from the Bank. In the course of the ARC, the petitioners were set ex parte consequent to non-appearance. Application was filed seeking to set aside the ex parte order. As is evident by Ext P5, the application stood posted to 06.08.2021. On the said date, the ARC itself was disposed of as per Ext P6 award. It is aggrieved thereby that the petitioners have approached this Court.
Heard Sri.Jobi A.Thampi, learned counsel for the petitioners, learned senior Government Pleader and Sri. Lal George, learned standing counsel for the 3rd respondent bank.
Ext P5 is the communication issued by the 2nd respondent to the petitioners intimating the listing of the application to set aside ex parte to 06.08.2021. On the dame day to which the application stood posted, Ext P6 award has been passed. No doubt, the award makes mention of the appearance of the petitioners - defendants. On the application to set aside the ex parte order being allowed, it was only proper that the defendants - petitioners were granted a reasonable time to file their objections/written statement, if any, and to adduce evidence, if any, to substantiate their contentions.
The 3rd respondent has filed a counter affidavit wherein it has been contended that on 06.08.2021 when the matter was taken up, no objections or documents were filed by the defendants-petitioners and that they had agreed to remit the entire arrears. Sri.Lal George, the learned counsel for the Bank submits that, on the liability having been admitted, they are not entitled to challenge the order. However, in Ext P6 but for recording the appearance of the petitioners - defendants, the alleged admission/consent does not find a place. In the circumstances, I am unable to accept the contention of the 3rd respondent.
On the facts as noticed above, I am of the opinion that an opportunity is liable to be granted to the petitioners.
Accordingly the writ petition is allowed, Ext P6 award is quashed. The petitioners and the 3rd respondent shall appear before the 2nd respondent on 15.12.2021. The petitioners shall file their objections/written statement, if any, on that date. Thereafter, the ARC shall be tried and dispose of within a further period of three weeks therefrom.