Drat Kolkata Court February 2001 Judgments
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Central Bank of India Vs. Katihar Jute Mills Ltd. and ors.
Court: DRAT Kolkata
Decided on: Feb-23-2001
1. The appeal arises out of an order dated 28.7.2000 passed by the Presiding Officer, Debts Recovery Tribunal, Calcutta, in a case between Central Bank of India v. Kathihar Jute Mills Ltd. and 5 Ors.2. The appellant filed an application for issuance of certificate/decree for a sum of one crore ninety-seven lakhs and odd.The case of the appellant Bank in short is that they filed a suit against the respondent in the Original Side in Calcutta High Court and obtained a decree on 8.6.1986. They obtained me Certified copy on 28.7.1988. The respondents who were Judgment-debtor did not pay the decretal dues and as such the appellant had filed an application on 8.9.1998 before the Debts Recovery Tribunal, Calcutta, alongwith an application for exemption to pay application fee in terms of the said Act. By impugned order dated 28.7,2000, the Presiding Officer declined to exempt the Bank from payment of the application fee. Hence the appeal.3. Their case is that they had earlier paid the necessar...
Patwari Motors Stores and 6 ors. Vs. Central Bank of India and ors.
Court: DRAT Kolkata
Decided on: Feb-23-2001
1. The appeal is directed against the judgment and order dated 16.6.1999 passed by the Presiding Officer, Debts Recovery Tribunal, Patna, in Case No. P.T. 652 of 1998.2. The respondent Bank preferred a claim case against the present appellants. It is the allegation of the appellant that no notice was served on them at any point of time and the Bank has obtained an expane order after suppressing summons. Their move before the Tribunal to set aside the ex parts decree also proved ineffective when they resorted to an application under Article 227 before the Patna High Court when the writ petition was dismissed with the observation was that the appellant might proceed against the ex pane decree in the appropriate Forum.Thereafter, the present appellants filed this appeal together with an application for condonation of delay and also, for exemption to make the deposit in terms of Section 21 of the Act. Both the aforesaid applications were heard in presence of the respondent Bank and also d...
Bhubrighat Tea Company Pvt. Ltd. Vs. United Bank of India
Court: DRAT Kolkata
Decided on: Feb-19-2001
1. The appeal arises out of an order passed by the Presiding Officer, D.R.T., Calcutta on 10.11.2000 in Case No. TA/239 of 1996.2. The short facts necessary for the purpose of the appeal are that the respondent Bank instituted a number of suits in the Civil Court for the purpose of realisation of its dues since the appellants after obtaining loan from the Bank at different times did not repay the same in accordance with the agreement. Those suits excepting one were subsequently transferred to the D.R.T. when the Act came into force.While the suits were pending before the Claims Tribunal, there were series of negotiation between the parties over settlement of the disputes out of Court and the parties also obtained time on several occasions on the said pretext. There were, however, occasion when the appellants filed suit before the Supreme Court. The Bank also resorted to litigation in the High Court and in the process they also went up to the Supreme Court. The appellants also preferre...
Allahabad Bank Vs. Sanjoy Concrete Products and ors.
Court: DRAT Kolkata
Decided on: Feb-07-2001
1. The appeal arises out of judgment and order dated 30,7.1999 passed by the Presiding Officer of Debts Recovery Tribunal, Patna in Case No, P.T. 13 of 1998.2. The case of the appellant in short is that the respondent Nos. 1 and 2 obtained a loan on cash credit as well as term on 22.2.1978 and executed necessary documents as per rules. The limit of the loan was Rs. 42,000/- at the initial instance which was raised from time to time up to Rs. 36,35,000/-. Each time the respondents executed necessary documents as per rules. Sometime thereafter the respondents started defaulting in repayment and the total accumulated loan with interest rose up to 1,05,27,045.79. Since the respondent did not repay the loan in spite of demand, a suit was filed before the Court of the Subordinate Judge, Deoghar, which was subsequently transferred to the Debts Recovery Tribunal after the said Tribunal came into operation.3. The respondent entered appearance filed written statements but thereafter made defaul...
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