Drat Kolkata Court June 2004 Judgments

Oriental Bank of Commerce Vs. Gallop Granites Ltd. and ors.

Court: DRAT Kolkata

Reported in: I(2005)BC86

1. The Bank has preferred the above appeal on June 11, 2004 against an order dated March 19, 2004 made by the learned Presiding Officer Debts Recovery Tribunal-1, Kolkata hereinafter referred to as "the DRT". On March 27, 2004 the Bank duly submitted the necessary requisition to obtain the certified copy of the impugned order, and received it on June 4, 2004. The facts of the case in short were, that in spite of closing of evidence and hearing, in the Bank's claim petition, and the matter being adjourned for delivery of judgment, the DRT had entertained an application which was moved by the respondents on the date fixed for the delivery of judgment and allowed the respondents to furnish further documents and additional evidence on affidavit.2. It was argued by Advocate for the Bank, that the impugned order was contrary to and in violation of the provisions of Rule 28 of the Debts Recovery Tribunal Regulations of Practice 1997 (DRT Regulations of Practice) read with Section 22(2)(b) of...