Drat Delhi Court June 2003 Judgments
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Shyam Sunder Sharma Vs. Industrial Investment Bank of
Court: DRAT Delhi
Decided on: Jun-26-2003
Reported in: III(2003)BC122
1. Respondent-Industrial Investment Bank of India (formerly known as Industrial Reconstruction Bank of India, and hereinafter referred to as 'the respondent-Bank') filed O.A. 200/97 against, (1) M/s. Premier Vegetable Products Ltd.; (2) Mr. D.N. Jaju; (3) Mr. Sanwar Mal Aggarwal; (4) Mr. S.N. Ojha; and (5) Mr. Shyam Sunder Sharma (hereinafter referred to as 'the appellant') before the Debts Recovery Tribunal, Delhi (hereinafter referred to as 'the DRT'). The DRT passed the ex parte final order against the appellant and others on 25.11.1999. The appellant filed a Miscellaneous Application under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') for setting aside the ex parte final order urging that notice of the O.A.was not served upon the appellant, and that he had also not come across any publication of the notice of the O.A. in the newspaper. According to the appellant, he was sick and, therefore, had been liv...
S.N. Ojha Vs. Industrial Investment Bank of
Court: DRAT Delhi
Decided on: Jun-26-2003
Reported in: III(2003)BC138
1. Respondent-Industrial Investment Bank of India (formerly known as Industrial Reconstruction Bank of India, and hereinafter referred to as 'the respondent-Bank') filed O.A. 200/97 against (1) M/s. Premier Vegetable Products Ltd., (2) Mr. D.N. Jaju, (3) Mr. San war Mal Aggarwal, (4) Mr. S.N. Ojha (hereinafter referred to as 'the appellant'), and (5) Mr. Shyam Sunder Sharma before the Debts Recovery Tribunal, Delhi (hereinafter referred to as 'the DRT'). The DRT passed the ex parte final order against the appellant and others on 25.11.1999. The appellant filed a Miscellaneous Application under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') for setting aside the exparte final order urging that notice of the O.A.was not served upon the appellant. He also claims that he was not aware of the proceedings before the Tribunal. According to the appellant, he was a resident of A-15/B, Hauz Khas, New Delhi, but, had s...
Avtar Singh Vs. State Bank of Saurashtra and ors.
Court: DRAT Delhi
Decided on: Jun-05-2003
Reported in: III(2003)BC87
1. The 1st respondent State Bank of Saurashtra (hereinafter referred to as the 'respondent-Bank') filed O.A. 514/1996 againstsix defendants before Debts Recovery Tribunal, Delhi-I (hereinafter referred to as 'the DRT') wherein the 5th defendant is Mr. Lakshmi Chand, and the 6th defendant is Mr. B.K. Goel. The claim was filed for the recovery of Rs. 11,54,449.70. All the defendants remained ex parte, and the learned Presiding Officer of the DRT passed the final order dated 14.5.1998, directing the defendants to pay the above said amount with interest and costs. The learned Presiding Officer of the DRT also directed the sale of the hypothecated goods, and also of the mortgaged property. As per the averments in the O.A., 5th defendant Lakshmi Chand had created the mortgage. In execution of the above said final order, the Recovery Officer concerned attached the property said to have been mortgaged, and proclaimed it for sale.2. Thereupon the appellant Avtar Singh (hereinafter referred to ...
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