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Dec 13 2005 (TRI)

Canara Bank Vs. Tribeni Motors and ors.

Court : DRAT Allahabad

Reported in : 3(2006)BC120

1. This appeal has been preferred by the above named appellant-Bank against the dismissal order recorded by the then Presiding Officer, D.R.T., Allahabad of the claim of the Bank to the tune of Rs. 16, 63, 769.35 vide judgment and order dated 21st February, 2002 in T.A. No.133/ 2000.2. Originally a suit was filed in the Court of Civil Judge, Allahabad by the appellant Bank for recovery of the above mentioned sum against the defendant-respondents and on setting up of the Tribunal under the RDDBFI Act, 1993, the matter came up before the D.R.T., Allahabad and therein the original suit was re-numbered as T.A. No. 133/2000. The claim belongs to the erstwhile Laxmi Commercial Bank which was amalgamated with the appellant-Canara Bank in the year 1985 and merger was on 23rd August, 1985. The proprietary firm of defendant No. 1 having defendant Nos. 2 to 5 as partners took the loan from the Laxmi Commercial Bank in the form of inland letter of credit limit of Rs. 3.00 lacs and hypothecated li...

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Dec 08 2005 (TRI)

Usha Jewellers Pvt. Ltd. and ors. Vs. Union Bank of India (Uoi)

Court : DRAT Allahabad

Reported in : III(2006)BC243

1. Both the appeals have been heard analogous and judgment is also being passed in common as the matter in issue between the parties are the same and arise out of the same Original Application in T.A. No.380/02. R-482/05 has been preferred by the appellant Nos. 1, 2 and 3, who were originally defendant Nos. 2, 3 and 6 in Original Application while R-519/05 has been preferred by three appellants who were originally defendant Nos. 1, 4 and 5 respectively in the original application. R-482/05 is against the dismissal order dated 23rd December, 2004 passed in M.A. No. 103/03, whereby and whereunder the application filed by the appellants i.e. defendant Nos. 2,3 and 7 for setting aside the ex pane judgment passed on 13th March, 2003 in T.A.No. 380/02, while R519/ 05 has been preferred by the original defendant Nos. 1, 4 and 5 and applicants in misc. application No. 69/03 disposed of on 28th January, 2004 for review of. the order passed in misc.application being Review Application No. 01/04...

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Nov 09 2005 (TRI)

Kowa Spinning Ltd. and ors. Vs. State Bank of Indore and anr.

Court : DRAT Allahabad

Reported in : II(2006)BC206

1. This appeal has been preferred against the order dated 5th November, 2001 passed by the then Presiding Officer, D.R.T., Jabalpur in Original Application No. 300/2000, whereby the prayer for cross-examination of the witnesses of the Bank has been rejected. There seems to be chequered history in the case. After the respondent-State Bank of Indore filed the original application for recovery of Rs. 2,32,37,557/-, the appellant-borrowers had appeared and filed their written statement. Their main contention was that the signature of the borrowers were taken on blank forms and documents by the respondent-Bank and that the accounts started before the date of the application of the appellants for the loan or the date of sanction of the loan. In support of the original application the respondent Bank had submitted affidavits of witnesses by way of evidence in support of the contention made in the original application. The appellants had claimed that the affidavits in evidence which have been...

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Nov 09 2005 (TRI)

Maya Spinners Ltd. and ors. Vs. State Bank of Indore and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC215

1. This appeal has been preferred against the order dated 1st October, 2001 passed by the D.R.T., Jabalpur in Original Application No.380/2000, whereby and whereunder, the appellants for permitting them to cross-examine the witnesses of the Bank and allowing them liberty to file their counter-affidavit in evidence after cross-examination is over, has been rejected.2. Such order dated 1st October, 2001 was challenged by the appellants before the Hon'ble Madhya Pradesh High Court in writ petition No.5044/01. Various other writ petitions were also filed wherein moot question involved was as to the right of appeal against interlocutory order. The matter was referred to a Full Bench and ultimately Full Bench decided that the appeal may be maintainable against interlocutory orders also under the RDDBFI Act. Regarding merit a legal question with respect to the right of cross-examination of the borrowers of the Bank officials have also been considered while deciding that writ petition and it ...

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Nov 09 2005 (TRI)

L.K. Pandey and ors. Vs. Bank of Baroda and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC33

1. This appeal has been preferred against the order dated 17th May, 2004 passed by the DRT, Allahabad in M. A. No. 130/03, whereby and whereunder the petition filed by the appellants/defendants 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 restoration of Original Application No. 72/02 by setting aside the ex pane judgment has been dismissed.2. The appellants were defendant Nos. 3 to 6 in the Original Application No. 72/2000, wherein the respondent Bank of Baroda had claimed recovery of a sum of Rs. 1,56,14,402,65. Notices were sent on all the defendants including the firm Nirmal Organics (P) Ltd. and its Chairman Mr. R.K. Pandey as respondent/defendant No. 2 and also against Mr. Kakendu Das as defendant No. 7 and U.P. Financial Corporation as defendant No. 8. Notices were first sent under registered post. When the notices did not return sent under registered post, then publicat...

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Nov 09 2005 (TRI)

Punjab and Sind Bank Vs. Sterling Malt and Food (P) Ltd. and

Court : DRAT Allahabad

Reported in : III(2006)BC1

This appeal has been preferred against the final judgment and order passed in T.A. No. 387/98, whereby and whereunder the claim of the appellant Bank for a sum of Rs. 23,35,565.92 has been rejected on the ground that the case was not maintainable as there was already compromise between the appellant and the respondents.1. Respondent No. 1 Sterling Malt and Food (P) Ltd. is a Private Company registered under Indian Companies Act having its registered office at New Delhi and Factory at District Moraina, Madhya Pradesh. It was manufacturing malts. Other respondents are its Directors and guarantors. The loan was taken by the company time-to-time and enhancement was also made and ultimately loan account of the respondents became sticky, when an amount of Rs. 23.00 lakh and odd as mentioned above had remained unrecovered. A suit was filed before the Court of District Judge, Gwalior, M.P. for recovery of said sum together with interest pendente lite and future and also for costs and the same...

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Nov 09 2005 (TRI)

B.J. Nagrath and ors. Vs. Bank of India

Court : DRAT Allahabad

Reported in : II(2006)BC19

1. This appeal has been preferred against the order dated 16th December, 2004 passed by the learned Presiding Officer, D.R.T.Allahabad in M.A. No. 48/04, whereby and whereunder, the petition 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 ex parte judgment and order dated 18th July, 2002 passed in T.A. No. 1622/2000 have been dismissed.This appeal has a chequered history in the backdrop as will be revealed from the following facts as stated in brief: It is a unique and peculiar case. The respondent Bank had filed a civil suit being original case No, 111/7/97 before the Civil Court at Kanpur for realization of the decretal amount to the tune of Rs. 8.66,38,615.24 together with interest, cost and other usual reliefs. For non-payment of fees the case was rejected vide order dated 3rd March, 1997. On 12th March, 1997 a review/restoration petition was filed under Sec...

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Sep 13 2005 (TRI)

Cal Ltd. and ors. Vs. Bank of India

Court : DRAT Allahabad

Reported in : I(2006)BC99

1. These three Miscellaneous Appeals arise out of an order dated 23.7.2004 passed by the DRT-I, Delhi in LA. 869/2004 and LA. 868/2004 and an order made in O.A., rejecting the request on behalf of these appellants for cross-examination of the witnesses of the respondent Bank.2. This appellant is defendant in O.A. 59/2003 instituted by the respondent Bank for recovery of certain amounts. During O.A.proceeding, this appellant filed two applications, one in LA. 869/2004 seeking sending certain documents of the respondent Bank to CFSL for scientific examination, for handwriting verification and for assessment of time when the entries and signatures were made on the documents and further, for initiating action against the erring officials of the respondent Bank under Section 340, Cr.P.C. The other LA. 868/200 is for summoning two employees of the appellant company who were working with the appellant but left services of the company.3. According to the appellant these persons have the knowl...

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Jul 20 2005 (TRI)

Kamal Kishore Gupta Vs. State Bank of India

Court : DRAT Allahabad

Reported in : II(2006)BC177

1. This appeal has been preferred against the judgment/order dated 23rd July, 2004 passed by Mr. K.D. Khan, Presiding Officer, D.R.T., Jabalpur in appeal No. 9/2004, where by and where under the order dated 23rd March, 2004 passed by the Recovery Officer in T.A. Execution No. 49/ 2000 has been set aside by exercising jurisdiction under Section 30(1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be called as the RDDBFI Act). By the impugned order the learned Presiding Officer, D.R.T., Jabalpur as an Appellate Court has held that the order of the Recovery Officer setting aside the auction sale is illegal and inoperative in the eye of law. The respondent-State Bank of India filed a suit in the District Court at Sahjahanpur for realizing of Rs. 12,59,5897- against the appellant and others. On setting up of the Tribunal as per the RDDBFI Act the said civil suit was transferred to the Tribunal at Jabalpur and registered at T.A. No. 160/98. The...

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Jul 20 2005 (TRI)

Shiva Technomec (P) Ltd. Vs. Dena Bank

Court : DRAT Allahabad

Reported in : II(2006)BC50

1. This appeal has been preferred against the order dated 17th September, 2003 passed by the learned Presiding Officer, DRT, Jabalpur in Original Application No. 75/02, whereby and whereunder the application filed by the appellants who were defendant Nos. 1 to 7 for cross-examination of the applicant-Bank's witnesses has been rejected.2. The original application was filed by the respondent-Dena Bank on 11th January, 2002 and along with the application, affidavits of the witnesses for the Bank sworn on 11th January, 2002 have been filed after service of notice on the defendant-appellants, they filed their written statement taking various objections regarding the plaint case both on facts and on points of law. Some of the vital objections raised have been sought to be clarified by the respondent Dena Bank by filing rejoinder on 15th September, 2002 and such rejoinder was filed with the support of an affidavit sworn by one Mr. Niranjan Tarai who happened to be the Senior Manager of the c...

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