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Drat Delhi Court July 2004 Judgments

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Jul 01 2004

The Bank of Rajasthan Ltd. Vs. Jeewan Rice and Allied Industries

Court: DRAT Delhi

Decided on: Jul-01-2004

Reported in: II(2005)BC77

The appeal has been presented against the order dated 5.10.2001 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Jaipur (hereinafter referred to as 'the DRT') dismissing the application filed by the appellant-Bank for the issuance of a Recovery Certificate in pursuance of the judgment and decree passed by the Additional District Judge-2, Kota on 13.9.89 in Suit No. 23/87. The learned Presiding Officer, by his impugned order dated 5.10.2001, dismissed the application on the ground that it has not been presented within the period of three years as per the provisions of Section 137 of the Limitation Act, 1963.2. It is conceded by both the sides that the learned Presiding Officer of the DRT had considered only the question of limitation, and dismissed the said application without going into the merits of the contentions raised by either side. The learned Counsel for the respondents 2 and 3 states that apart from the question of limitation, respondents 2 and 3 had ra...


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