Drat Mumbai Court January 2004 Judgments
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Federal Bank Ltd. Vs. Western Paques (India) Ltd. and
Court: DRAT Mumbai
Decided on: Jan-30-2004
Reported in: III(2005)BC163
1. This Misc. Appeal is filed by the appellants/original applicants The Federal Bank Ltd., being aggrieved by the order dated 5.9.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-1, Mumbai on Exhibit No. 14 in Original Application No. 1415/2000. By the impugned order, the learned Presiding Officer allowed the application Exhibit No. 14 moved by the defendant Ho. 4/respondent No, 4 herein Sangamner Bhag Sahakari Sakhar Karkhana (for the sake of brevity hereinafter to be referred to as "Karkhana") for modification/varying order dated 4.5.1998 passed by the High Court in Notice of Motion No.958/98 in Suit No. 961/98 directing defendant No, 4/Karkhana to pay Rs. 4 lacs per month to the applicants for a period of 25 months, effective from 1.8.2002.2. Background of the case and facts giving rise to the application Exhibit No. 14 made by the defendant No. 4/respondent No. 4 herein are as follows : The applicant Bank namely The Federal Bank Ltd. had filed Suit No.961/19...
Ravindra and anr. Vs. Bank of Maharashtra and anr.
Court: DRAT Mumbai
Decided on: Jan-29-2004
Reported in: III(2005)BC1
1. This Misc. appeal is filed by the appellants Mr. Ravindra Liladhar Rathi and Mr. Rajendra Liladhar Rathi/legal representatives of the original defendant No. 2 Mr. Liladhar Gopilal Rathi, being aggrieved by the order dated 30.7.2002 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Nagpur in Interlocutory Application No.376/2002 in Original Application No. 161/2001. By the impugned order, the learned Presiding Officer allowed the application made by the applicant Bank namely Bank of Maharashtra to bring on record the legal representatives of the deceased defendant No. 2 Liladhar Gopilal Rathi. The applicant Bank filed Special Civil Suit No. 573/1995 in the Court of Civil Judge, Senior Division, Nagpur against defendant Nos. 1 to 3 for recovery of Rs. 21,56,992-04 ps. The matter got protracted there only without the defendants filing their written statement in the Civil Court. The matter was then transferred to Debts Recovery Tribunal, Mumbai and was retransferr...
The Bank of Rajasthan Ltd. Vs. Gsl Products Ltd. and ors.
Court: DRAT Mumbai
Decided on: Jan-27-2004
Reported in: II(2005)BC168
1. This appeal is filed by the appellants/ original applicant Bank i.e.Bank of Rajasthan Ltd. being aggrieved by the judgment and Order dated 2.7.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-II, Mumbai in Original Application No. 607/2001 (DRT, Jaipur O.A. No. 388/2000). By the impugned judgment and order, the learned Presiding Officer allowed the application of the Bank against defendant Nos. 1 and 3 to 6 with costs and did order that the defendant Nos. 1 and 3 to 6 do jointly and severally pay to the applicant Bank an amount of Rs. 4,08,78,198.59 with interest at the rate of 17.5% per annum from the date of filing of the original application in DRT, Jaipur till full realization. He also gave consequential declarations and directed issuance of recovery certificate as per the above terms. However, the appellants are aggrieved as the learned Presiding Officer did not grant any penal interest to the applicant Bank and also did not award compounded interest but...
Transchem Limited and anr. Vs. Oriental Bank of Commerce and ors.
Court: DRAT Mumbai
Decided on: Jan-27-2004
Reported in: II(2005)BC135
1. This transfer petition is filed by the appellants/original defendants in two separate and independent proceedings filed in Debts Recovery Tribunal-I, Mumbai and Debts Recovery Tribunal, Pune respectively. The prayer made by the appellants/original petitioners is that this Chairperson as per the discretion conferred upon her under Sub-clause (2) of Section 17-A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1973 (hereinafter to be referred as RDB Act) has power to transfer Original Application No. 79P of 2001, pending in the DRT, Pune to DRT-I, Mumbai and be heard along with Original Application No. 267 of 1999 which is pending on the file of DRT-I, Mumbai. The reason given for this transfer is that by such a transfer multiplicity of proceedings so also inconsistency in the orders and judgments that would be passed by the DRT-I, Mumbai can be avoided. It is submitted that the matters in issue are similar and the parties are also same and no harm and prejudice ...
Smt. Gitadevi Jhunjhunwala and Vs. Central Bank of India
Court: DRAT Mumbai
Decided on: Jan-27-2004
Reported in: II(2005)BC137
1. This Misc. appeal is filed by the appellants/original defendants being aggrieved by the Order dated 9.10.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-II, Mumbai on Exhibit Nos.16,18, 20 and 22 in Original Application No. 1412 of 2000. By the impugned order, the application made by the original defendants/appellants herein, wherein prayer was made by them for declaration that the original application was not maintainable because of mis-joinder of several causes of action and mis-joinder of defendants in the original application, came to be rejected.2. I have heard Mr. S.K. Jain for the appellants and Mr. Raut for the respondent Bank. I have also gone through the proceedings.3. During the course of arguments Mr. Raut prayed for permission to tender some documents along with supporting affidavit. However, after going through those documents, which Mr. Raut, appearing for the respondent Bank sought to tender, it was revealed that those documents were not befo...
B.B.C. Associates Ltd. and ors. Vs. Oman International Bank Saog and
Court: DRAT Mumbai
Decided on: Jan-21-2004
Reported in: II(2005)BC232
1. This Misc. appeal is filed by the appellants/original defendant Nos.1 to 3 and 7, being aggrieved by the order dated 11.4.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-II, Mumbai on Exhibit No. 18 in Original Application No. 719/2001. By the impugned order, the learned Presiding Officer rejected the application made by the appellants praying for dismissing the original application filed by the applicant Bank namely Oman International Bank SAOG, as the Tribunal had no jurisdiction to try, entertain or dispose of the original application.2. I have heard Mr. Nansi for the appellants and Mr. Thakkar for the respondent Bank. I have also gone through the proceedings including the impugned order and in my view, there is no infirmity whatsoever in the order passed by the learned Presiding Officer, which is assailed by the appellants in this appeal.3. In the application taken out by the defendant No. 1 and which was supported by other defendants, exception was take...
W.S. Industries (India) Ltd. Vs. Industrial Development Bank of
Court: DRAT Mumbai
Decided on: Jan-16-2004
Reported in: II(2005)BC221
1. This Misc. Appeal is filed by the appellants W.S. Industries (India) Ltd./original defendant No. 2 being aggrieved by the order dated 19.4.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-1, Mumbai on Exhibit Nos. 57, 63, 65, 66, 69, 72, 83, 85 and 96 in Original Application No. 3625/2000. By the impugned order, the learned Presiding Officer rejected the application/ prayer of these defendants for discharging them and directed that the original application would proceed against all the defendants.Present respondent No. 1, Industrial Development Bank of India (IDBI) had filed original application against the present respondent No. 2 namely Lloyds Finance Ltd., who were arraigned as defendant No. 1 to the original application. The present appellants were impleaded as party defendant No. 2 in the original application.The case of the applicant Bank in the original application is that Lloyds Finance Ltd. had approached them for seeking the financial assistance def...
Mahavir Metal Mart and ors. Vs. Indian Bank and anr.
Court: DRAT Mumbai
Decided on: Jan-15-2004
Reported in: II(2005)BC138
1. This Misc. Appeal is filed by the appellants/original defendants being aggrieved by the Order dated 30.5.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal-III, Mumbai on Exhibit No. 135 in Original Application No. 597/2000. By the impugned order, the learned Presiding Officer rejected the application made by the appellants for appointment of Commissioner to work out calculations of both the loan accounts in dispute i.e. cash credit (O.C.C.) account from 21.10.1976 and cash credit (key loan) account from 12.6.1973, after taking into account allegedly wrong entries in the credit facilities. Prayer of the application is that it would be just necessary and proper to appoint Court Commissioner, who is well acquainted with the subject of accountancy.2. The whole controversy had arisen because of the allegation of the appellants that calculation of the interest amount shown as due from the defendants is not properly done by the applicant Bank and, therefore, the ...
Ramesh Kanji Maskai and ors. Vs. State Bank of India
Court: DRAT Mumbai
Decided on: Jan-14-2004
Reported in: II(2005)BC139
1. This appeal is sought to be filed by the appellants/original defendant Nos. 3, 4 and 5 being aggrieved by the Order dated 22.1.2003 passed by the learned Presiding Officer of Debts Recovery Tribunal-Ill, Mumbai in Original Application No. 567/1999. By the impugned judgment and order, the learned Presiding Officer allowed the application filed by the Bank and ordered that the defendants were liable to pay to the applicant Bank sum of Rs. 10,03,74,766/- with future interest at the rate of 13.5% per annum with yearly rests from the date of the suit till realization of the amount.The learned Presiding Officer also gave certain consequential reliefs.Being aggrieved the original defendant Nos. 3, 4, 5 were jointed as party defendants in their capacity as guarantors have sought to be filed this appeal.2. Today application for waiver of deposit as per the mandate of Section 21 of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 is being argued. Provisions of Section 2...
Suresh Fakirchand Mittal Vs. State Bank of India and ors.
Court: DRAT Mumbai
Decided on: Jan-14-2004
Reported in: II(2005)BC141
1. This appeal is sought to be filed by the appellant/original defendant No. 9 Mr. Suresh Fakirchand Mittal, in the capacity as a guarantor, who had executed guarantee deed from time-to-time along with original defendant Nos. 2 to 8. The appellant was arraigned as party defendant No. 9 in the Original Application No. 567/1999 along with other defendants. By the impugned judgment and Order dated 22.1.2003, the learned Presiding Officer of the Debts Recovery Tribunal-Ill, Mumbai allowed the said application in favour of the Bank i.e.respondent No. 1 herein and the defendants were liable to pay to the Bank sum of Rs. 10,03,74,766/- with future interest at the rate of 13.5% per annum with yearly rests from the date of the suit till realization of the amount.2. Being aggrieved, the defendant Nos. 3, 4 and 5 filed the appeal in this appellate Tribunal, which came to be numbered as Appeal No.106/2003, challenging the impugned judgment and order. Application for waiver of pre-deposit of the a...
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