Drat Delhi Court November 2001 Judgments

Rajiv Aggarwal Vs. Union Bank of India

Court: DRAT Delhi

Reported in: II(2003)BC4

1. This appeal has been filed by one Shri Rajiv Aggarwal, who is defendant No. 7, in O. A. No. 517/96, Union Bank of India v. Maxo Laboratories Pvt. Ltd. and Ors. pending in DRT-I, Delhi against order dated 1.5.2001 passed by the learned Presiding Officer of the concerned DRT on two applications moved by the appellant--one under Order VII Rule 11 of Code of Civil Procedure and the other under Section 10, CPC.3. By application under Order VII Rule 11, the appellant prayed before the concerned Tribunal that the suit be dismissed against him, as the same was time-barred as he had already revoked the guarantee on 26.4.1991 whereas the suit was filed on 10.5.1996 i.e. beyond a period of three years. Learned Presiding Officer has, in the impugned order, come to an opinion that the contended point required evidence and could not be decided at a stage prior to giving of the evidence by the parties. He, accordingly, directed that the point of limitation would be decided at a stage after the fu...

Weston Electronics Ltd. and ors. Vs. State Bank of India

Court: DRAT Delhi

1. This appeal is against order dated 28.2.2001 passed by the learned Presiding Officer of DRT-I, Delhi in O.A. No. 23/95.2. By the impugned order, Learned Presiding Officer has dismissed an application of the appellants which was moved also by others, viz., Sunder T. Vacahni, Smt. Kavita Vachani and Shri Narendra Vachani. By that application, a prayer was made that the consent decree dated 30.8.1995 passed in the aforesaid O.A. be set aside; it be declared that the compromise deed entered into between the parties was void ab initio and that the respondent Bank (State Bank of India) be directed to refund the entire amount which they had fraudulently obtained from the applicants in the guise of recovery as per the orders of the Tribunal. The grounds taken for setting aside the consent decree, were, inter alia, that the borrowings made by the applicants were ultra vires the company as the same were made on the basis of a resolution passed by circulation and after the date of the alleged...