Drat Kolkata Court February 2002 Judgments

The New Red Bank Tea Co. Pvt. Ltd. Vs. United Bank of India

Court: DRAT Kolkata

1. Two appeals being 8 of 2001 and 9 of 2001 have been heard in analogous. The respondent United Bank of India filed claim cases against the present appellants of both the appeals for realisation of certain sum of money. The Appeal No. 8 of 2001 arose out of O. A. No.194/1998 while Appeal No. 9 of 2001 arose out of O.A. No. 195/1998. The impugned order is dated 14.12.2000 being order No. 7 of the respective claim cases. The facts of the claim cases as appears from the applications made before the claim's Tribunal which were disposed of by the similar order were also the same. Identical order were passed in both cases.2. The case of the appellants in both the matters are that they instituted suits before the High Court in the month of June, 1998. It is alleged that as acounterblast, the claim cases were filed against them on 28.8.1998 with inflated claims. There was an interim order of the stay of the claim case which was vacated only on 5.12.2000 and the impugned order was passed on 1...

Jenson and Nicholson (India) Ltd. Vs. Industrial Investment Bank of

Court: DRAT Kolkata

Reported in: I(2003)BC37

1. This appeal has been filed by the appellant against the order dated 27.11.2001 passed by the learned Presiding Officer of Debts Recovery Tribunal No. 1. Calcutta, in original application No. 51 of 2001, Industrial Investment Bank of India v. Jenson and Nicholson (India) Ltd. and Ors.2. The brief facts of the case giving rise to present appeal as is apparent from the paper book and the judgments filed with paper book are the Industrial Investment Bank of India, a company within the meaning of Companies Act, 1956 having its Registered Office at 9, Netaji Subhash Road, Calcutta, hereinafter referred as ICCIB only, filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, hereinafter referred as Act only against Jenson and Nicholson (India) Ltd. a Company within the meaning of Companies Act, 1956 having its registered office at 225, A.J.C. Bose Road, Calcutta, 700 020 hereinafter referred as a company only and others for recovery ...