The challenge in the above original petition is against Ext.P8 order of the Tribunal. Exhibit P8 has been passed in the interlocutory application filed by the Debt Recovery Tribunal, Ernakulam in O.A filed by the Bank. The O.A was decreed ex-parte and on the very next day, an application for setting aside the ex-parte decree was filed. The Tribunbal, by Ext.P8 directed that if the petitioners remit a sum of Rs.7.5 lakhs on or before 29.3.2014, the application to set aside the ex-parte decree shall be considered. It is to be specifically noticed that the condition imposed was not for setting aside the decree, but consideration of the application filed. The petitioner is legally entitled to file an application to set aside the ex-parte decree and the consideration cannot be on any condition imposed by the Tribunal. However, it is trite that in setting aside an ex-parte decree; a Court or Tribunal is perfectly within the bounds of its authority to impose any reasonable condition it deems fit. Ext.P8 however, cannot be OPDRT 59/2014. : 2 :
sustained and has to be set aside. Considering the fact that the application for setting aside the ex-parte decree was filed on the very next day of the decree being passed, to avert further delay, this Court deems it proper to direct the Tribunal to set aside the decree on the petitioner satisfying the condition imposed as per Ext.P8, within a reasonable time. Hence if Rs.7.5 lakhs is deposited within six weeks from today, the ex-parte decree shall stand set aside and on the petitioner producing proof of satisfaction of deposit of Rs.7.5 lakhs before the Tribunal. The Tribunal shall, then, restore the case to its file and consider the same on merits, the writ petition is disposed of as above. No costs.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge