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Drat Allahabad Court April 2007 Judgments

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Apr 13 2007

Ashok JaIn Vs. Mahesh Mittal and ors.

Court: DRAT Allahabad

Decided on: Apr-13-2007

Reported in: I(2008)BC1

1. This is an appeal filed under Section 20 of the RDDBFI Act, 1993.The factual matrix of this appeal is that the State Bank of Indore-respondent advanced by way of financial assistance to the respondent Chirag Metal Ltd., of which Bal Krishna Gayke is the Director. The money was not paid. Thereafter respondent-Bank filed a civil suit for recovery of money in the District Court, Indore, from where it was transferred to the D.R.T. after implementation of the Act of 1993 and this case registered as T.A. No. 892/1998.2. The Recovery Officer on the basis of recovery certificate proceeded for the auction of the mortgaged property, which is the house involved in this appeal. Present appellant-Ashok Jain is the auction purchaser.He deposited the amount of auction money. Recovery Officer by an order dated 10th June, 2005 disposed of the objection filed by Milind @ Raju Chandwaskar and another, who claimed before the Recovery Officer that they had taken on rent western portion of the first flo...


Apr 10 2007

Bank of Baroda Vs. Fertilizer Sales Organisation

Court: DRAT Allahabad

Decided on: Apr-10-2007

Reported in: I(2008)BC24

1. This appeal is directed against an order dated 29th March, 2006 passed by D.R.T., Allahabad in T. A. No. 151 of 2000 rejecting the application moved on behalf of the appellant Bank of Baroda for obtaining the second opinion of the Hand Writing Expert of Government of India. Briefly stated the history giving rise to present appeal is that the Bank of Baroda appellant filed an application before D.R.T., Allahabad against present respondents for the recovery of money on the basis of amount advanced to the respondents. In above case the respondent denied signatures on the documents of loan produced by the Bank before the Tribunal. In above circumstances the report of Hand Writing Expert was called for by the Tribunal in connection with signatures available on the documents filed by the Bank after obtaining sample signatures. The report from the Joint Director, Vidhi Vigyan Prayogshala, Uttar Pradesh, Mahanagar, Lucknow dated 26th June, 2002 was received with the conclusion that the doc...


Apr 04 2007

J.P. Chopra Vs. Central Bank of India and ors.

Court: DRAT Allahabad

Decided on: Apr-04-2007

Reported in: I(2008)BC125

1. This is an appeal directed against an order dated 3rd November, 2003 passed by learned Presiding Officer, D.R.T., Jabalpur for setting aside ex parte judgment passed in T.A. No. 1155/1998 decided on 30th April, 2002. The above application for restoration was disposed of along with another application for restoration of the same judgment moved on behalf of the defendant No. 3 Alok Khanna who has not joined this present appeal.2. The respondent-Central Bank of India filed a suit for recovery before the Court of District Judge, Bhopal. The proceedings of the above suit were going on before the above Civil Court but after the enactment of RDDBFI Act i.e. Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the above suit was transferred to D.R.T., Jabalpur, where it was registered as T.A. No. 1155 of 1998.After the receipt of records the D.R.T., Jabalpur directed to issue summons/notices to the appellant and other defendants. Notices/summons were issued to the appellant...


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