Drat Kolkata Court August 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
New India Assurance Co. Ltd. Vs. Union Bank of India
Court: DRAT Kolkata
Decided on: Aug-23-2006
Reported in: I(2007)BC40
1. The matter relates to an application under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, which shall be referred to hereinafter as "the RDDBFI Act" for short.2. The applicant-appellant, the New India Assurance Co. Ltd. has assailed the impugned order of the D.R.T. dated 3rd February, 2005 which had refused to set aside the ex parte order. It had nothing to do as such with the merits of the main case with regard to the determination of debt. It has been submitted by the learned Advocate for the applicant that Section 21 of the RDDBFI Act applies to those appeals where order is made determining the debt either under Section 19 of the RDDBFI Act or under Rule 12(5) directing the defendant to pay the amount determined. It has been further submitted that it was an application simplicitor for setting aside the ex parte order and the instant appeal has been filed only by challenging the impugned order and, therefore, there is no need to comply with...
Bank of India Vs. Chotanagpur Graphite Industries
Court: DRAT Kolkata
Decided on: Aug-23-2006
Reported in: I(2007)BC53
1. Learned Advocate for the appellant is present. None has appeared for the respondents.2. The matter relates to an application under Section 5 of the Limitation Act praying for condonation of delay for filing the present appeal.3. The only point for consideration is whether sufficient reason have been ascribed for the delay and whether the reasons as shown by the applicant. Bank of India, are acceptable to the Tribunal to condone the delay and to admit the appeal.4. The sequence of events that has allegedly led to the delay in filing the appeal may be summed up as follows: The impugned order of the D.R.T., Ranchi was passed on 21st November, 2005 and the instant appeal was filed on 3rd February, 2006. In between the controlling office of the applicant-Bank as per their usual practice forwarded all papers and documents to the zonal office on 23rd December, 2005. Mr. Pradip Pal Choudhury was engaged by the zonal office as the Advocate to file and represent the case for the Bank in the ...
- ‹ Prev
- Next ›