Drat Kolkata Court April 2001 Judgments
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Shri Ram Sakal Singh Vs. State Bank of India and 5 ors.
Court: DRAT Kolkata
Decided on: Apr-26-2001
1. The appeal arises out of order dated 8.6.2000 passed by the learned Presiding Officer, Debts Recovery Tribunal, Patna in PT Case No. 683 of 1998.2. The respondent No. 1 filed a claim case against the present appellants for realisation of certain sums of money which were granted as loan to different Potato Growers since they failed to repay the loan in spite of notice. While the claim case was going on the defendant Nos. 1, 2,4 and 5 filed an application for dismissal of the claim case on the ground that the case was not maintainable. Defendant No. 3 also filed an application praying for deleting his name. Both the applications were heard by the learned Presiding Officer, Debts Recovery Tribunal, Patna, and by a common order, the prayer regarding dismissal of the claim case on the ground of maintainability was rejected while the prayer regarding deleting the name of defendant No.3 was allowed.3. Being aggrieved the present appeal has been preferred by the appellants i.e. defendant N...
Swazol Organics and 2 ors. Vs. State Bank of India
Court: DRAT Kolkata
Decided on: Apr-12-2001
1. The appeal is directed against the order dated 30.10.2000 passed by learned Presiding Officer, Debts Recovery Tribunal, Calcutta, in Case No. O.A./152/2000.2. The respondent Bank filed a claim case before the Debts Recovery Tribunal, Calcutta on 16.5.2000 for realising certain sum of money amounting to Rs. 20 lakhs and odd from the opposite party-appellant.Subsequently, on 5.7.2000, the Bank filed an application for injunction restraining the opposite party from transferring certain properties as mentioned in Schedules I and II of the claim petition as also from withdrawing the money lying in T.D.R. account at Bhabanipur Branch of the said Bank. An ex-parte order was passed granting the aforesaid injunction. Subsequently, the injunction matter was heard in presence of the present appellant and by the impugned order the ad-interim order of injunction so far as it relates to Schedules I and II is concerned was made absolute and the injunction order as it relevant to Schedule III of t...
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