Drat Allahabad Court March 2006 Judgments
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Allahabad Bank Vs. Anamika Tourism Complex and ors.
Court: DRAT Allahabad
Decided on: Mar-23-2006
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 ...
Kamta Nath Pandey and anr. Vs. Allahabad Bank
Court: DRAT Allahabad
Decided on: Mar-06-2006
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...
General and Motor Finance Company Vs. State Bank of India
Court: DRAT Allahabad
Decided on: Mar-06-2006
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...
Babulal Contractors and ors. Vs. Life Insurance Corporation of
Court: DRAT Allahabad
Decided on: Mar-06-2006
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...
United Western Bank Ltd. Vs. Raipur Polyurethane Pvt. Ltd.
Court: DRAT Allahabad
Decided on: Mar-06-2006
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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