Drat Allahabad Court November 2005 Judgments
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Kowa Spinning Ltd. and ors. Vs. State Bank of Indore and anr.
Court: DRAT Allahabad
Decided on: Nov-09-2005
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...
B.J. Nagrath and ors. Vs. Bank of India
Court: DRAT Allahabad
Decided on: Nov-09-2005
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...
L.K. Pandey and ors. Vs. Bank of Baroda and ors.
Court: DRAT Allahabad
Decided on: Nov-09-2005
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...
Maya Spinners Ltd. and ors. Vs. State Bank of Indore and ors.
Court: DRAT Allahabad
Decided on: Nov-09-2005
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 ...
Punjab and Sind Bank Vs. Sterling Malt and Food (P) Ltd. and
Court: DRAT Allahabad
Decided on: Nov-09-2005
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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