Drat Kolkata Court March 2001 Judgments

United Bank of India Vs. Natural Synthetics Products and

Court: DRAT Kolkata

1. The appeal arises out of judgment and order dated 24.2.2000 passed by the Presiding Officer, Debts Recovery Tribunal, Calcutta, in T.A.No. 311 of 1995.2. The plaintiff-appellant Bank instituted a suit for realisation of Rs. 31 lakh and odd alleged to have been given to the Firm namely respondent-defendant No. 1 of which respondent-defendant Nos. 2,3 and father of respondent-defendant Nos. 4 to 7 (since dead) were the partners, 3. In course of hearing of the claim before the Debts Recovery Tribunal, the defendant entered appearance. Defendant No. 1 the Firm filed a written statement but did not contest up to the last. Defendant No. 2 also filed a separate written statement but did not contest up to the last. Defendant Nos. 4 to 7 filed a joint written statement and contested the matter till the end.4. It is the case of the plaintiff-appellant that defendant No. 1 was a partnership firm of which defendants 2, 3 and father of defendants 4 to 7 were partners. On the death of their fath...