Drat Allahabad Court September 2007 Judgments
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State Bank of Patiala Vs. Chopra Wheels Pvt. Ltd. and ors.
Court: DRAT Allahabad
Decided on: Sep-05-2007
Reported in: I(2008)BC99
1. In this appeal the order dated 13th December, 2005 passed by the D.R.T., Lucknow is under challenge. This order was passed in T.A. No.805/02 accepting the pleas of the present respondents for the payment and in full satisfaction under O.T.S. Scheme (3rd Scheme) issued by the R.B.I.2. Briefly stated the history giving rise to this appeal is that one suit No. 1526/ 96 was filed before the Civil Court of Ghaziabad for recovery of Rs. 12,16,380.25. By virtue of enactment of RDDBFI Act, 1993, the above suit was transferred to D.R.T., Allahabad where it was given a new number as T.A. No. 1045/2000. After establishment of D.R.T.at Lucknow, the above T.A. was transferred to D.R.T., Lucknow. During the proceedings the appellant Bank and the respondents compromised the case for a sum of Rs. 16.12 lacs. The respondents deposited a sum of Rs. 2,66,120/- with the Bank and the matter was decided on the basis of above compromise. According to the appellant Bank after compromise, the respondents c...
Modi Industries Ltd. and ors. Vs. Allahabad Bank and anr.
Court: DRAT Allahabad
Decided on: Sep-05-2007
Reported in: I(2008)BC113
1. By filing Appeal No. R-735/06 the order dated 5th October, 2006 passed by the D.R.T., Lucknow in Original Application No. 41/05 is under challenge at the instance of Modi Industries Limited and others, appellant-defendants (hereinafter to be called as defendants in this appeal for the purposes of this judgment). By order dated 5th October.2006, learned D.R.T. observed that vide order dated 2nd August, 2002 passed by B.I.F.R. the required permission under Section 22(a) of S.I.C.A. has been granted to the Bank applicant-respondent (hereinafter to be denoted as plaintiff in this appeal for this judgment). In this appeal the learned D.R.T. directed to continue the proceedings of Original Application No. 41/05 declining to stay the proceedings as prayed by the defendants, who had also prayed for dismissal of the suit for want of permission under Section 22(1) of the S.I.C.A. In Appeal No. R-769/07 feeling aggrieved by an order dated 4th December, 2006 passed by the D.R.T., Lucknow in T....
Sri Ram Agencies and ors. Vs. Union Bank of India
Court: DRAT Allahabad
Decided on: Sep-03-2007
Reported in: I(2008)BC86
1. In this appeal order dated 10th October, 2006 passed by D.R.T., Allahabad in M.A. No. 12/06 is under challenge.2. In short the appellants have contended that the respondent Bank filed an Original Application No. 133/01 against them and on 29th November, 2002 that Original Application was decided ex parte by the Tribunal. An application for recalling the ex parte order dated 29th November, 2002 under Section 22(2)(g) of the RDDBFI Act, 1993 had been filed by the appellants. On the basis of above ex-parte decree, the recovery proceedings were taken up against the appellants. The appellants pleaded that they were making efforts to compromise with the Bank by submitting a proposal for payment of the amount of ledger balance accordingly on the basis of information given by the Bank the total amount payable was communicated to be Rs. 5,01,073.36 including legal expenses, etc. The proposal given by appellants to the Bank was approved. According to the appellants they were allowed 90 days'...
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