Drat Allahabad Court July 2004 Judgments
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Satish Kumar Agarwal Vs. Bank of India and ors.
Court: DRAT Allahabad
Decided on: Jul-20-2004
Reported in: 3(2006)BC143
1. Both the appeals are connected and arise out of the same order passed by the learned Presiding Officer of the D.R.T., Jabalpur in T.A.No. 100 of 2000. They have been heard together and are being disposed of by the single judgment.2. The brief facts of the case are that on 22nd April, 1995 the respondent No. 1 Bank of India filed suit for recovery of Rs. 29, 13, 488.09 against the present appellants and the respondent Nos. 2, 3 and 4. Practically respondent No. 2 Bhopal Food (P) Ltd. was the borrower while respondent Nos. 3 and 4 were Directors of the said company. The appellant Nos. 1 and 2 were arrayed as defendant Nos. 4 and 5 being the Directors and also guarantors. That the suit was dismissed for default on not taking proper steps by the Bank before the District Judge and such dismissal was recorded even before issuance of summons to the defendants. Long after the dismissal order was recorded only in the Year 1999 a restoration petition was filed by the Bank which was eventuall...
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