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May 02 2006 (TRI)

Bank of India Vs. United Western Bank Ltd.

Court : DRAT Allahabad

Reported in : I(2007)BC246

1. Both the appeals have been heard analogous as they arise out of the same impugned judgment passed by the learned Presiding Officer, D.R.T., Jabalpur in T.A. No. 312/98, whereby and whereunder the claim of the United Western Bank Limited (appellant in Appeal No. R-432/04 and the respondent No. 1 in Appeal No. 385/04) to the tune of Rs. 21.12,848.84 together with interest and cost has been allowed against the defendant Nos. 5 to 7 i.e. the appellants in appeal No. 385/04 and respondent Nos. 5 to 7 in appeal No. 432/04 leaving aside the other defendant-respondents from the liability. Before going into the merit of the appeal, the brief facts of the case are required to be reiterated.2. Sonu Cotton Traders is a proprietary firm and is engaged in business of cotton and having dealings with the applicant Bank i.e. United Western Bank Limited for long. On the request of the firm i.e.defendant No. 1 the applicant Bank granted the Bill Purchase Limit of Rs. 14 lakh to the firm for the busin...

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May 02 2006 (TRI)

Satyam Prakashan and ors. Vs. Canara Bank and anr.

Court : DRAT Allahabad

Reported in : I(2007)BC58

1. This appeal has been preferred against the judgment and order dated 15th February, 2005 passed by the learned Presiding Officer (In-charge), D.R.T., Lucknow in appeal No. 18/03, whereby and whereunder the order passed by the Recovery Officer in D.R.C. No.220/02/LKO regarding sale and confirmation of the sale in pursuance of the recovery certificate has been upheld and confirmed.2. The immovable property of the appellant Satyam Prakashan was mortgaged to the respondent-Canara Bank of Chauri Chauki branch, Bareili as a security towards the loan advance to the same firm. When the appellant failed to repay the loan amount, a case was filed against them by Canara Bank and the same was decreed and as per decree recovery certificate was issued on the basis of which D.R.C. No. 220/02 was filed by the Canara Bank before the Recovery Officer at Lucknow. In the process of recovery, the mortgaged property was sold in auction on 11th August, 2003 at a sum of Rs. 20 lacs and odd. The auction pur...

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May 02 2006 (TRI)

Jai Foods Pvt. Ltd. and ors. Vs. State Bank of India and ors.

Court : DRAT Allahabad

Reported in : I(2007)BC26

1. This appeal has been preferred against the order dated 24th March, 2004 passed by the learned Presiding Officer, D.R.T., Allahabad in T.A.No. 564/2000, whereby and whereunder the prayer of amendment of the plaint by the respondent Bank has been allowed.2. The brief facts of the case is that the respondent-Bank filed the recovery suit for Rs. 31,20,367.80 against the appellant and the respondent Nos. 2 and 3 in the year 1994 before the Court of Civil Judge, Kanpur Nagar. After constitution of Tribunal under the RDDBFI Act the suit was first transferred to Jabalpur D.R.T. and after setting up of D.R.T., Allahabad it has been re-transferred and was registered as T.A. No. 564/2000. The appellants had filed written statement along with evidence on 17th July, 2001 before the Tribunal at Allahabad. The grounds taken in the written statement by the appellants were that the claim is barred by limitation and that the accounts are not proper and remained non-explained, etc., etc. After writte...

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Mar 23 2006 (TRI)

Allahabad Bank Vs. Anamika Tourism Complex and ors.

Court : DRAT Allahabad

Reported in : I(2007)BC119

1. These two appeals have been heard analogous and a common judgment is being passed as both the appeals arise out of the same cause of action as arose in T.A. No. 5/2000, which was disposed of on 13th June, 2003.2. Appeal No. R-321 of 2003 has arisen out of the dismissal order recorded in the impugned judgment in T.A. No. 5 of 2000 and appeal No.R-382 of 2004 has been filed against non-consideration of the counter-claim made by Anamika Tourism Complex and its partners, who are the appellants in appeal No. R-382 of 2004 and respondents in appeal No. R-321 of 2003. 1. Anamika Tourism Complex-respondent No. 1 in appeal No. R-321 of 2003 and appellant No. 1 in R-382 of 2004 was initially a proprietary firm doing business in tourism. Shankar Lal Sah since deceased was the sole proprietor of the firm. For construction of hotel the proprietary firm was sanctioned and disbursed term loan of Rs. 19.00 lacs by the Allahabad Bank i.e. the appellant in appeal No. R-321 of 2003 and respondent in ...

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Mar 06 2006 (TRI)

Babulal Contractors and ors. Vs. Life Insurance Corporation of

Court : DRAT Allahabad

Reported in : I(2007)BC38

1. This appeal has been preferred against the judgment and order dated 11th November, 2003 passed by the learned Presiding Officer, D.R.T., Jabalpur in Original Application No. 373 of 1999, whereby and whereunder the claim of the respondent-Life Insurance Corporation of India has been allowed to the tune of Rs. 13,75,646/- together with interest pendente lite, future and cost and other usual reliefs have also been granted regarding realization of the outstanding by sale of mortgaged properties.2. This appeal has been preferred against only the portion of the judgment, whereby allegedly excessive interest has been granted by the learned Tribunal beyond the scope of contractual agreement. The other point regarding bar of limitation, although was raised, but the appeal has been admitted only with regard to the interest matter and not the other matters.3. Taking of loan to the tune of Rs. 2.50 lacs for extension of the premises, etc. of the borrower-defendant No. 1 whose partners are defe...

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Mar 06 2006 (TRI)

United Western Bank Ltd. Vs. Raipur Polyurethane Pvt. Ltd.

Court : DRAT Allahabad

Reported in : IV(2006)BC53

1. This appeal has been preferred against the judgment and order dated 29th April, 2002 passed by the then Presiding. Officer, D.R.T., Jabalpur in T.A. No. 244/98, whereby and whereunder the appellant-Bank's claim of Rs. 99,04,486/- together with future and pendente lite interest at the contracted rate and other usual reliefs have been dismissed.2. Admittedly the appellant Bank had granted the loan to the respondent No. 1 company through its directors respondent Nos. 2 to 4 under several heads in the year 1984. The sanctioned loan was on the following limits: 3. The loan facilities were utilized according to the appellant Bank by respondent No. 1 company, but additional finance was necessary for restructuring the company and as such on the basis of a resolution passed, the loan limits were restructured in the following manner on 16th October, 1989: 4. It is also an admitted fact that the existing stock of the finished goods of the company together with manufactured shoes were kept in ...

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Mar 06 2006 (TRI)

General and Motor Finance Company Vs. State Bank of India

Court : DRAT Allahabad

Reported in : I(2007)BC68

1. This appeal has been preferred against the order dated 15th October, 2003 passed by the learned Presiding Officer, D.R.T., Allahabad on two petitions filed by the respondent Bank one on 30th May, 2003 and other on 4th August, 2003 by which the respondent Bank had prayed for sending of some documents filed by them and kept in safe custody to be sent to the Government handwriting expert for their opinion on comparison of signatures and by the other petition they wanted a direction to be given to the appellant-defendants to produce some relating documents of their business of hire and purchase. On both the prayers being allowed by the present impugned order, the appeal has been filed.2. The facts of the case are not necessary to be reiterated as the disposal of this appeal does not require so. This much can be said that the appellants had opened up the current account with the respondent Bank and it is an allegation of the respondent Bank that the appellants had indulged in taking ove...

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Mar 06 2006 (TRI)

Kamta Nath Pandey and anr. Vs. Allahabad Bank

Court : DRAT Allahabad

Reported in : I(2007)BC1

1. Both these appeals have been heard analogous and are being disposed of analogously and the parties arc the same and the issues involved are also almost the same and similar in nature.2. Appeal No. R-310/03 has been preferred by the above named appellants against the order dated 13lh May, 2003 passed by the then Presiding Officer, D.R.T., Allahabad in M.A. No. 181/02, whereby and whereunder the restoration petition filed under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be referred to as the RDDBFI Act) for setting aside the final order passed in T. A. No. 170/2000 on 27th August, 2002 has been dismissed.3. The appellants were the applicants in that M.A. and they were defendant Nos. 3 and 4 in T.A. No. 170/2000. Both the appellants had appeared before the Tribunal at Allahabad when the case was transferred from the D.R.T., Jabalpur. The original suit was filed before the Civil Judge. Mirzapur by the respondent Bank c...

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Feb 21 2006 (TRI)

NihalbIn Iqbal Vs. Canara Bank

Court : DRAT Allahabad

Reported in : IV(2006)BC82

This appeal has been preferred against the order dated 26th July, 2004 passed by the learned Presiding Officer, DRT, Allahabad in M.A. No.42/03, whereby and whereunder the prayer made by the appellants for recall of the order dated 6th January, 2003 passed in T.A. No. 1387/ 03 has been dismissed.For appreciating the matter in dispute, the brief facts of the case are necessary to be reiterated, which are as under: 1. The respondent-Canara Bank, filed the Original Application No.117/98 for recovery of outstanding dues from the appellants before the DRT, Jabalpur. After setting up of the Tribunal at Allahabad the said case was transferred to DRT, Allahabad and was renumbered as T.A. No.1387 of 2000. During the pendency of the proceeding a compromise was effected between the Bank and appellants and as such although no compromise petition was filed, learned Presiding Officer, DRT, Allahabad by order dated 20th June, 2001 dismissed the case of the respondent-Bank taking cognizance of the co...

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Feb 21 2006 (TRI)

Hyper Chemicals and Cosmetics Vs. State Bank of Patiala

Court : DRAT Allahabad

Reported in : II(2006)BC184

1. This appeal has been preferred against the part of the order dated 9.3.2005 passed by the learned Presiding Officer, DRT, Allahabad in T.A. No. 507/2000, whereby and whereunder the prayer of the respondent Bank for amendment sought of their plaint have been allowed.2. There is a history behind the case. Originally a suit was filed by the respondent Bank against the defendant-appellants for realization of dues. After the Tribunal was set up, firstly the original suit was transferred to DRT, Jabalpur and then to DRT, Allahabad and the case was renumbered as T.A. No. 507/2000. Once the case was decided in favour of the respondent Bank and the counter claim made by the defendant-appellants have been rejected. The appeal was filed against such judgment and order before this Appellate Tribunal, which was numbered as Appeal No. R-294/03. The then Chairperson of this Appellate Tribunal heard the appeal and by order dated 24.3.2004 had set aside the issuance of recovery certificate against ...

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