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Judgment
Oriental Bank of Commerce (now represented by the respondent no.1) filed O.A. bearing no.344/2012 (now O.A. bearing no.1768/2017 before DRT-II, Chandigarh) titled as Oriental Bank of Commerce V. Shaan Seed Private Limited & others. The appellants are stated to be the defendants 5 and 7 in the said O.A. DRT-I, Chandigarh vide the impugned order dated 27.01.2017 after observing that the defendants 5 and 7 besides other defendants were served by way of dasti, registered cover and through publication but despite service they had not appeared, proceeded them ex parte.
The appellants being defendants no 5 and 7 filed an application under Section 22(2) (g) of the Recovery of Debts and Bankruptcy Act, 1993 read with Order 9 Rule 7 CPC to set aside the ex parte order 27.01.2017. The said application was ordered to be dismissed vide the impugned order dated 03.08.2022 passed by DRT-II, Chandigarh.
The appellant also filed a Writ Petition bearing no.20061/2022 to impugn the orders dated 27.01.2017 and 03.08.2022 which was ordered to be dismissed as not maintainable in view of the remedy of filing statutory appeal available to the appellants.
The counsel for the appellants argued that the appellants were never served with the summons of the case and as such the appellant be allowed to participate in the trial of O.A.
The counsel for the respondent no.1 has defended the orders dated 27.01.2017 and 03.08.2022.
The perusal of the order dated 27.01.2017 reflects that the appellant being defendants 5 and 7 were served by way of dasti, registered cover as well as through publication. The appellants despite service of the summons preferred not to participate in the trial of O.A. There is no illegality or infirmity in the impugned orders dated 27.01.2017 and 03.08.2022 which warrants any interference by this Tribunal. The appeal is accordingly dismissed. However, considering all the facts and in the interest of justice, the appellants being defendants 5 and 7 are allowed to advance arguments on merit only on the basis of available record and are not permitted either to file written statement or place on record any document in support of their arguments.