Drat Delhi Court August 2004 Judgments
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Everest Woollen Mills Pvt. Ltd. Vs. Punjab and Sind Bank and ors.
Court: DRAT Delhi
Decided on: Aug-26-2004
Reported in: II(2005)BC73
This appeal is directed against the order dated 26.8.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Chandigarh (hereinafter referred to as 'the DRT') declining the request of the appellant herein to be impleaded as a party to the O.A. 817/2000 pending before the said DRT. The learned Counsel for the appellant contends that the 2nd respondent herein, namely, M/s. Everest Woollen Mills, is a defendant before the DRT, which consisted of two partners, namely, respondents 3 and 4 in this appeal. He contends that this partnership continued till 31.3.1991 and on 1.4.1991 the appellant company was inducted as a partner. He also contends that a partnership deed dated 2.4.1991 had also been executed to be effective from 1.4.1991, and that due intimation to this effect was also given to the respondent Bank by letter dated 3.4.1991. The learned Counsel for the appellant also points out that the fact that the appellant had become a partner has also been mentioned by t...
R. Bhaskar and anr. Vs. Punjab and Sind Bank and ors.
Court: DRAT Delhi
Decided on: Aug-19-2004
Reported in: II(2005)BC89
1. This is an application for the transfer of T.A. 421/2002 (hereinafter referred to as 'the Case') third as Punjab and Sind Bank v. Bhartiya Vyapar and Udyog and Ors. pending before the Debts Recovery Tribunal-III, Delhi to any other Debts Recovery Tribunal at Delhi. The applicants have sought transfer of the above said case from the file of the Debts Recovery Tribunal-Ill, Delhi on the ground that the Counsel for the applicants has filed a complaint dated 4.11.2003 against the Presiding Officer of the said DRT before this Tribunal (hereinafter referred to as 'the DRAT'). According to the applicants, the cause for the said complaint has arisen during hearing of the above said case and, therefore, the above said case should be transferred.2. In the complaint dated 4.11.2003 sent by the Counsel for the applicants to this DRAT it has been stated that on 4.11.2003 the Presiding Officer used the words, "Mind your language, you are a lady you should know, etc." against the Counsel for the ...
Gopal Krishna Joshi and ors. Vs. Union Bank of India and ors.
Court: DRAT Delhi
Decided on: Aug-17-2004
Reported in: II(2005)BC121
1. This is an appeal by defendants 4 to 6 in O.A. 371/98 (hereinafter referred to as 'the appellant-defendants 4 to 6') before the Debts Recovery Tribunal, Jaipur (hereinafter referred to as 'the DRT') against the final Order dated 26.7.2001 passed by the DRT, in favour of the 1st respondent-Union Bank of India (hereinafter referred to as 'the respondent-Bank).2. The respondent-Bank filed the said O. A. against six defendants (namely, respondents 2 to 4 herein, who are defendants 1 to 3, and hereinafter referred to as the respondent-defendants I to 3 and appellants herein who are defendants 4 to 6) for the recovery of Rs. 88,56,535.16 with interest thereon @ 17.34% per annum with quarterly rests from the date of O.A. till recovery. The learned Presiding Officer of the DRT passed the final Order dated 26.7.2001, and ordered that the respondent-Bank is entitled to recover this amount from the appellant-defendants 4 to 6 and the 1st defendant-company with interest @ 6% per annum from the...
R.G.S. International Private Vs. the Federal Bank Ltd.
Court: DRAT Delhi
Decided on: Aug-13-2004
Reported in: II(2005)BC117
1. Heard Counsel, and perused the records. This appeal has been presented against the impugned Order dated 15.7.2004 passed by the learned Presiding Officer of the Debts Recovery Tribunal-I, Delhi (hereinafter referred to as 'the DRT') dismissing the application LA.826/2004 filed on behalf of the appellant-defendants to direct the return of the O.A. for presentation to the Tribunal exercising the jurisdiction over Noida (Uttar Pradesh).2. The respondent-Federal Bank (hereinafter referred to as 'the respondent-bank') filed O.A. 103/2001 before the DRT for the recovery of the money stated to be due to it. In paragraph 16 of the O.A. the respondent-bank has alleged about the creation of an equitable mortgage in its favour in respect of an immovable property at Noida. The respondent-bank has also made a prayer in the O. A. for the sale of the said property for the realisation of the amount stated to he due to it.The learned Counsel for the appellants contends that Section 16 of the Civil ...
Uttranchal Finance Ltd. Vs. State Bank of Indore and ors.
Court: DRAT Delhi
Decided on: Aug-11-2004
Reported in: II(2005)BC56
1. First respondent-State Bank of Indore (hereinafter referred to as 'the respondent-Bank') filed O.A. 648/2000 before the Debts Recovery Tribunal, Delhi (hereinafter referred to as the 'DRT') against appellant-Uttranchal Finance Ltd. (3rd defendant in the O.A., and hereinafter referred to as 'the appellant-defendant') and three others for the recovery of Rs. 49,18,411.69 with interest and costs. The learned Presiding Officer of the DRT passed the ex parte final order dated 4.4.2002 against all the defendants, including the appellant-defendant, directing them to pay the said amount jointly and severally.2. The appellant-defendant filed a Miscellaneous Application dated 20.5.2002 for setting aside the ex parte final order against it. The said application was dismissed by the learned Presiding Officer of the DRT by his order dated 18.7.2002 observing that the appellant-defendant has been served at its Corporate Office at East of Kailash, New Delhi, that the appellant-defendant has not p...
Shri Rajeshwar Prasad Painuly Vs. State Bank of Indore and ors.
Court: DRAT Delhi
Decided on: Aug-11-2004
Reported in: IV(2004)BC181
1. First respondent-State Bank of Indore (hereinafer referred to as 'the respondent-Bank') filed O.A. 648/2000 before the Debts Recovery Tribunal, Delhi (hereinafter referred to as the 'DRT') against appellant-Rajeshwar Prasad Painuly (4th defendant in the O.A., and hereinafter referred to as 'the appellant- defendant') and three others for the recovery of Rs. 49, 18, 411.69 with interest and costs. The learned Presiding Officer of the DRT passed the ex parte final order dated 4.4.2002 against all the defendants, including the appellant-defendant, directing them to pay the said amount jointly and severally.2. The appellant-defendant filed a Miscellaneous Application dated 20.5.2002 for setting aside the ex parte final order against him. The said application was dismissed by the learned Presiding Officer of the DRT by his order dated 18.7.2002 observing that the show- cause notice in the O.A. was sent to the appellant-defendant to his last known address available with the respondent-Ba...
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